Compiled by BSU-Law, 3rd Year students SY 2015-16

CODE OF PROFESSIONAL Canon 16. A lawyer shall hold in trust all

moneys and properties of his client that
RESPONSIBILITY
may come into his possession.
Canon 17. A lawyer owes fidelity to the
Question No. 22 (2010). Canon 1 / Rule 1.01
cause of his client and he shall be mindful of
the trust and confidence reposed in him.
A retired member of the Judiciary is now engaged
in private practice. In attending hearings, he uses
When attorney D acquired the properties of his
his car bearing his protocol plate which was issued
client, he did not only violate these canons but also
to him while still in the service.
Article 1491 of the Civil Code, which prohibits him
to acquire by purchase even at a public auction or
Pass on the ethical aspect of the judges use of the
judicial auction, property of his clients the sale of
protocol plate. (2%)
which has been entrusted to him unless the consent
of the client has been given.
SUGGESTED ANSWER:
Absent any express prohibition to use the plates by
official members of the bench, it is still imprudent, if
Question No. 3. (2007). Canon 18 of the CPR (10%)
not unethical for the judge to use of his protocol
plate after his retirement since he no longer holds
Attorney M. accepted a civil case for the recovery
that position.
of title and possession of land in behalf of N.
Subsequently, after the Regional Trial Court had
The CPR enjoins respect for law which extend to the
issued a decision adverse to N, the latter filed an
society, the legal profession and to the court. Rule
administrative case against attorney M for
1.01 prohibits lawyers from deceit which in turn
disbarment. He alleged that attorney M caused the
involves misrepresentation which can he implied if
adverse ruling against him; that attorney M did not
the plates are used after retirement.
file an opposition to the Demurrer to Evidence
filed in the case, neither did he appear at the
formal hearing on the demurrer, leading the trial
Question No. 2 (2007). Canons 16 and 17 of the
court to assume that plaintiff's counsel (attorney
Code of Professional Responsibility (10%)
M) appeared convinced of the validity of the
demurer filed; that attorney M did not even file a
C engages the services of attorney D concerning
motion for reconsideration , causing the order to
various mortgage contracts entered into by her
become final and executory; and that even prior to
husband from whom she is separated, fearful that
the above events and in view of attorney M's
her real estate properties will be foreclosed and of
apparent loss of interest in the case, he verbally
impending suits for sums of money against her.
requested attorney M to withdraw, but attorney
Attorney D advised C to give him her land titles
M refused. Complainant N further alleged that
covering her lots so he could sell them to enable
attorney M abused his client's trust and confidence
her to pay her creditors. He then persuaded her
and violated his oath of office in failing to defend
execute deeds of sale in his favor without any
his client's cause to the very end.
monetary or valuable consideration, to which C
agreed on condition that he would sell the lots and
Attorney M replied that N did not give him his full
from the proceeds pay her creditors. Later on, C
cooperation; that the voluminous records turned
came to know that attorney D did not sell her lots
over to him were in disarray, and that appeared
but instead paid her creditors with his own funds
for N, he had only half of the information and
and had her land titltes registered in his name. Did
background of the case; that he was assured by N's
attorney D violate the Code of Professional
friends that they had approach the judge; that
Responsibility? Explain.
they requested him (M) to prepare a motion for
reconsideration which he did and gave to them;
Suggested Answer:
however these friends did not return the copy of
The decision of the Supreme Court in the case of
the motion.
Hernandez v. Go, A.C. 1526, January 1, 2005, is
squarely applicable to this problem. Under the
Will the administrative case prosper? Give reasons
same set of facts, the Supreme Court held the
for your answer.
lawyer to have violated Canons 16 and 17 of the
Code of Professional Responsibility, which provide
Suggested Answer:
as follows:
Yes. Lawyer M appears negligent because of his
failure to file an opposition to the demurrer, appear
at the demurrer hearing, and not filing a motion for
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 Compiled by BSU-Law, 3rd Year students SY 2015-16
reconsideration. Under the Code, a lawyer shall not
handle any legal matter without adequate
preparation (18.02). He shall not neglect a legal
matter entrusted to him and his negligence renders
him liable (18.03). Canon 18 provides that the
lawyer shall serve his client with competence and
diligence. Thus, the voluminous record is no
justification for the failure of Attorney M to file an
opposition to the demurrer to evidence or failing to
attend the hearing thereof.
Giving the motion for reconsideration to the friends
of N for filing is another instance of negligence on
the part of Atty. M. He should have filed his motion
himself. (Francisco v. Portugal, A.C. No. 6155, March
14, 2006) Atty. M also violated Canon No. 13 of the
Code of Professional Responsibility which provides
that a lawyer shall rely upon the merits of his
cause and refrain from any impropriety which tends
to influence or gives the appearance of influencing
the court. Furthermore, refusing to comply with
Ns request to withdraw from the case violated the
absolute right of the client to terminate his lawyer
at any time with or without cause. (Section 26, Rule
138 of the Rules of Court)
Question No. 1. (2008). Code of Professional
Responsibility, Canon 19, 21, & 14
Christine was appointed counsel de oficio for
Zuma, who was accused of raping his own
daughter. Zuma pleaded not guilty but thereafter
privately admitted to Christine that he did commit
the crime charged.
a. In light of Zumas admission, what should
Christine do? Explain. (3%)
Suggested Answer:
Christine should suggest to Zuma that he should
plead guilty to the crime as charged.
Canon 19, Rule 19.02 of the CPR states that a
lawyer who has received information that his client
has, in the course of the representation,
perpetrated a fraud upon a person or tribunal, shall
promptly call upon the client to rectify the same,
and failing which he shall terminate the relationship
with such client in accordance with the Rules of
Court.
b. Can Christine disclose the admission of Zuma to
the court? Why or why not? (2%)
Suggested Answer:
No, Christine cannot disclose Zuma's admission to
the court.
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Canon 21, Rule 21.02 of the CPR provides that a
lawyer shall not, to the disadvantage of his client,
use information acquired in the course of
employment, nor shall he use the same to his own
advantage or that of a third person, unless the client
with full knowledge of the circumstances consents
thereto.
Christine cannot disclose the admission without
violating the abovementioned canon. The
information disclosed is in the nature of a privileged
communication, hence, she cannot disclose it to the
court without Zuma's consent.
c. Can Christine withdraw as counsel of Zuma
should he insist in going to trial? Explain. (3%)
Suggested Answer:
Christine cannot withdraw as counsel of Zuma.
Canon 14, Rule 14.01 of CPR states that a lawyer
shall not decline to represent a person solely on
account of the latter's race, sex. creed or status of
life, or because of his own opinion regarding the
guilt of said person.
Despite the admission of Zuma, Christine cannot
withdraw as Zuma's counsel because Zuma is still
considered innocent until proven guilty. Further,
there may be mitigating circumstances that
Christine may raise as a defense that is favorable to
Zuma.
Question No. 2 (2008). Code of Professional
Responsibility, Canon 6, 15, 21
In 1998, Acaramba, a telecommunications
company, signed a retainer agreement with Bianca
& Sophia Law Office (B & S) for the latters legal
services for a fee of P2,000 a month. From 1998 to
2001, the only service actually performed by B & S
for Acaramba was the review of a lease agreement
and representation of Acaramba as a complainant
in a bouncing checks case. Acaramba stopped
paying retainer fees in 2002 and terminated its
retainer agreement with B & S in 2005. In 2007,
Temavous, another telecommunications company,
requested B & S to act as its counsel in the
following transactions: (a) the acquisition of
Acaramba; and (b) the acquisition of Super-6, a
company engaged in the power business.
In which transactions, if any, can Bianca & Sophia
Law Office represent Temavous? Explain fully. (7%)
Suggested Answer:
Bianca & Sophia Law Office cannot represent
Temavous in the acquisition of Acaramba because
the Canons of Professional Ethics (Canon 6) and the
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Code of Professional Responsibility (Canon 15)
provide that a lawyer shall not represent parties
with adverse interests to one another. Even though
their relationship had already been terminated the
Code further provides (Canon 21) that a lawyer
should safeguard the confidences of his former
client. In the case of acquisitions, B&S would
definitely have an undue advantage (Rule 21.02-
.03), or to appear to have such, in assisting
Temavous acquisition of its former client due to its
prior relationship. In contrast, as to the case of
Super-6, B&S may represent Temavous because
such a transaction is in no way connected to its
prior relationship with Acaramba.
Question No. 3. (2008). Code of Professional
Responsibility, Canon 13)
Dumbledore, a noted professor of commercial law,
wrote an article on the subject of letters of credit
which was published in the IBP Journal.
a. Assume he devoted a significant portion of the
article to a commentary on how the Supreme
Court should decide a pending case involving
the application of the law on letters of credit.
May he be sanctioned by the Supreme Court?
Explain. (4%)
Suggested Answer:
Yes, he may be sanctioned by the court.
Canon 13, Rule 13.02 provides that a lawyer shall
not make public statements in the media regarding
a pending case tending to arouse public opinion for
or against a party.
As a lawyer, Dumbledore should not have made
such statements regarding a pending case so as not
to influence the court in deciding the case or giving
the public the impression that the court was
influenced by his commentaries, should the court
arrive at a decision similar to that of Dumbledore's
comments.
b. Assume Dumbledore did not include any
commentary on the case. Assume further after
the Supreme Court decision on the case had
attained finality, he wrote another IBP
Journal article, dissecting the decision and
explaining why the Supreme Court erred in all
its conclusions. May he be sanctioned by the
Supreme Court? Explain. (3%)
Suggested Answer:
No, he may not be sanctioned by the court.
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Dumbledore's commentary in the IBP journal is not
unethical. What the CPR prohibits is the making of
public statements regarding pending cases before
the courts. Dumbledore's article in the IBP Journal is
about a decided case already. Once a case has been
decided, it is already open for public consumption
hence anyone can criticize or make known their
opinions regarding the conclusion of the case.
Question No.4 (2008). Code of Professional
Responsibility, Canon 20)
Chester asked Laarni to handle his claim to a
sizeable parcel of land in Quezon City against a
well-known property developer on a contingent
fee basis. Laarni asked for 15% of the land that
may be recovered or 15% of whatever monetary
settlement that may be received from the property
developer as her only fee contingent upon securing
a favorable final judgment or compromise
settlement. Chester signed the contingent fee
agreement.
a. Assume the property developer settled the case
after the case was decided by the Regional Trial
Court in favor of Chester for P1 Billion. Chester
refused to pay Laarni P150 Million on the
ground that it is excessive. Is the refusal
justified? Explain. (4%)
Suggested Answer:
Yes, the refusal is justified. Canon 20 of the CPR
states that a lawyer shall charge only fair and
reasonable fees. Although under a contingent fee
agreement lawyers are entitled to greater
remuneration because of the possibility of receiving
nothing at all, the fee charged must still be fair,
reasonable and conscionable. In this case, the 150
million fee is excessive and unconscionable.
b. Assume there was no settlement and the case
eventually reached the Supreme Court which
promulgated a decision in favor of Chester. This
time Chester refused to convey to Laarni 15% of
the litigated land as stipulated on the ground
that the agreement violates Article 1491 of the
Civil Code which prohibits lawyers from
acquiring by purchase properties and rights
which are the object of litigation in which they
take part by reason of their profession. Is the
refusal justified? Explain. (4%)
Suggested Answer:
The refusal is not justified. The transfer of the land
to Laarni would not violate Article 1491 of the Civil
Code because said article does not cover contingent
fee agreements. This is because in a contingent fee
agreement a transfer would only occur in case a
favorable judgment is obtained. Further, the case
reached the Supreme Court which means that
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Laarni spent so much time on the case and much of
her skills were demanded hence the 150 million is a
fair and reasonable fee.
Question No.5 (2008). Code of Professional
Responsibility, charging lien)
The vendor filed a case against the vendee for the
annulment of the sale of a piece of land.
a. Assume the vendee obtained a summary
judgment against the vendor. Would the
counsel for the defendant vendee be entitled to
enforce a charging lien? Explain. (4%)
Suggested Answer:
No, vendee's counsel would not be entitled to
enforce a charging lien. A charging lien to be
enforceable there must be a judgment for money. In
the case at bar, there was no mention of a judgment
for money in favor of the vendee thus vendee's
counsel cannot enforce a charging lien. However, if
there would be a judgment for money vendee's
counsel would be entitled to enforce the charging
lien.
b. Assume, through the excellent work of the
vendees counsel at the pre-trial conference and
his wise use of modes of discovery, the vendor
was compelled to move for the dismissal of the
complaint. In its order the court simply granted
the motion. Would your answer be the same as
in question (a)? Explain. (3%)
Suggested Answer:
Vendee's counsel would still not be entitled to
enforce a charging lien. A dismissal on motion of the
plaintiff would certainly not include a judgment for
money. Therefore, the counsel cannot enforce a
charging lien.
Question No. 6. (2008). Code of Professional
Responsibility, Canon 3.
Atty. Abigail filed administrative cases before the
Supreme Court against Judge Luis. Thereafter, Atty.
Abigail filed a Motion for Inhibition praying that
Judge Luis inhibit himself from trying, hearing or in
any manner acting on all cases, civil and criminal,
in which Atty. Abigail is involved and handling.
Should Judge Luis inhibit himself as prayed for by
Atty. Abigail? Explain fully. (6%)
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Suggested Answer:
No. Being the subject of an administrative case is
not one of the grounds for disqualification of a
judge from handling case provided by the Code of
Judicial Responsibility in Canon 3 Rule 12.
Question No. 7. (2008). Code of Professional
Responsibility, Canon 21.
In need of legal services, Niko secured an
appointment to meet with Atty. Henry of Henry &
Meyer Law Offices. During the meeting, Niko
divulged highly private information to Atty. Henry,
believing that the lawyer would keep the
confidentiality of the information. Subsequently,
Niko was shocked when he learned that Atty.
Henry had shared the confidential information
with his law partner, Atty. Meyer, and their
common friend, private practitioner Atty.
Canonigo. When confronted, Atty. Henry replied
that Niko never signed any confidentiality
agreement, and that he shared the information
with the two lawyers to secure affirmance of his
legal opinion on Nikos problem. Did Atty. Henry
violate any rule of ethics? Explain fully. (7%)
Suggested Answer:
Canon 21 provides that an attorney shall preserve
the confidence of his client and further articulates
this point in Rule 21.03-.04 by clarifying that he may
not disclose such information to outside agencies
without the consent of his client and that he may
disclose such information to firm partners unless
prohibited by his client. In the case of Atty. Meyer,
he was a firm partner and as such is covered by Rule
21.04 and not being explicitly prohibited by Niko
Henry committed no wrong in giving information to
him. However in the case of Atty. Canonigo who was
not in any way connected to the firm Henry
committed a gross violation of Rule 21.03. In either
case the mere entry into the attorney-client
relationship obviates the need for a confidentiality
agreement.
Question No. 8. (2008). Code of Professional
Responsibility, Canon 18, 16, 9
State, with a brief explanation, whether the lawyer
concerned may be sanctioned for the conduct
stated below.
a. Filing a complaint that fails to state a cause of
action, thereby resulting in the defendant
succeeding in his motion to dismiss. (3%)
Suggested Answer:
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Yes. Canon 18, Rule 18.02 states that A lawyer shall
not handle any legal matter without adequate
preparation. A lawyer should have exercised
diligence and made adequate preparations to
ascertain that the complaint stated a cause of action
to prevent the dismissal of the complaint.
b. A suspended lawyer working as an independent
legal assistant to gather information and secure
documents for other lawyers during the period
of his suspension. (3%)
Suggested Answer:
Yes. Under the law, only lawyers in good standing
can perform or engage in the practice of law. In the
case of Cayetano vs. Monsod, the Court held that
the practice of law involves rendering service to the
general public that calls for the professional
judgment of a lawyer, the essence of which is his
educated ability to relate the general body and
philosophy of law to a specified legal problem.
Clearly, the act of working as a legal assistant in
gathering information and securing documents for
other lawyers is within the scope of practicing law. A
suspended lawyer is temporarily prohibited to
practice the legal profession therefor he cannot
engage in the mentioned acts.
c. A suspended lawyer allowing his non-lawyer
staff to actively operate his law office and
conduct business on behalf of clients during the
period of suspension. (3%)
Suggested Answer:
Yes. Canon 9, Rule 9.01 states that a lawyer shall
not delegate to any unqualified person the
performance of any task which by law may only be
performed by a member of the bar in good
standing.
d. Keeping money he collected as rental from his
clients tenant and remitting it to the client
when asked to do so. (3%)
Suggested Answer:
Yes. Canon 16, Rule 16.01 provides that a lawyer
shall account for all money or property collected or
received for or from the client. A lawyer should
account for all money he collected immediately. He
should not wait that the client would ask or demand
for the money.
e. Refusing to return certain documents to the
client pending payment of his attorneys fees.
(3%) XXX (Rules of Court)
See Miscellaneous
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f. An unwed female lawyer carrying on a
clandestine affair with her unwed male
hairdresser. (3%)
Suggested Answer:
No. Both parties are of age and qualified to marry
each other hence the affair is not one which is
grossly immoral. It is not so corrupt nor so
unprincipled to warrant sanction from the court.
g. Not paying the annual IBP dues. (3%)
Suggested answer:
Yes. Default in payment of IBP dues for 6 months
shall warrant suspension of membership to the IBP
and default in payment for one year shall warrant
for the removal of the member in the Roll of
Attorneys.
Question No. 9. (2008). Code of Professional
Responsibility, Canon 3.
State, with a brief explanation, whether the judge
concerned may be sanctioned for the conduct
stated below.
a. Refusing to inhibit himself although one of the
lawyers in the case is his second cousin. (3%)
SUGGESTED ANSWER:
No. Under Canon 3, Rule 3.12 a judge should take
no part in a proceeding where the judge's
impartiality might reasonably be questioned. One of
the cases would be where the judge is related by
consanguinity or affinity to counsel within the
fourth degree. A second cousin is a relative within
the 6th degree, hence it is not covered by the
prohibition.
b. Deciding a case in accordance with a Supreme
Court ruling but adding that he does not agree
with the ruling. (3%)
SUGGESTED ANSWER:
No. There is no law or rule prohibiting such conduct.
Regardless of his opinion, the judge still followed
the Supreme Court's ruling thus there is really
nothing wrong with such act. Further, his opinion
will not have any bearing as it is not part of the
decision.
c. Dictating his decision in open court immediately
after trial. (3%)
SUGGESTED ANSWER:
Yes. A judge should uphold the integrity and
independence of the judiciary. He must not hastily
issue decisions.
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Question No. 7 (2009). Code of Professional
Responsibility, Canon 15.
Lawyer cannot refuse to divulge the name or
identity of his client (True or False)
Answer:
FALSE. There are certain exceptions where in the
lawyer may refuse divulge the identity of his client.
He may do so:
1. Where a strong probability exists that
revealing the identity would implicate
the client in the very activity for which
he sought the lawyers advice.
2. When disclosure would open the client
to civil liability.
3. Where the governments lawyers have
no case against an attorneys client
unless by revealing the clients name.
Question No. 8 (2009)) Code of Professional
Responsibility, Canon 15, Rule 15.03
What are three (3) tests to determine conflict of
interest for practicing lawyers? Explain each
briefly.
Answer:
In the case of Quiambao vs Bamba the SC held that
developments in jurisprudence have particularized
various tests to determine whether a lawyers
conduct lies within this proscription. One test is
whether a lawyer is duly-bound to fight for an issue
or claim in behalf of one client and, at the same
time, to oppose that claim for the client. Thus, if a
lawyers argument for one client has to be opposed
by that same lawyer in arguing for the other client,
there is a violation of the rule.
Another test of inconsistency of interests is whether
the acceptance new relation would prevent the full
discharge of the lawyers duty of undivided fidelity
and loyalty to the client or invite suspicion of
unfaithfulness or double-dealing in the performance
of the duty.
Still another test is whether the lawyer would be
called upon in the new relation to use against a
former client any confidential information acquired
through their connection or previous employment.
Question No. 15. (2009). Canon 39 and Canon 9 of
the Canons of Professional Ethics.
Atty. Manuel is counsel for the defendant in a civil
case pending before the RTC. After receiving the
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plaintiffs Pre-Trial Brief containing the list of
witnesses, Atty. Manuel interviewed some of the
witnesses for the plaintiff without the consent of
plaintiffs counsel.
a. Did Atty. Manuel violate any ethical standard
for lawyers?
Answer:
NO. Statutory law provides that a lawyer may
interview a prospective witness for the opposing
side in a civil or criminal case without the consent of
the opposing counsel or party. This is supported by
Canon 39 of the Canon Professional Ethics.
b. Will your answer be the same if it was the
plaintiff who was interviewed by Atty. Manuel
without the consent of plaintiffs counsel?
Explain.
Answer:
YES. A witness is distinct and different from the
adverse party. The rule earlier enunciated does not
include permission to interview the adverse party
without the consent of his counsel. This is
supported by Canon 9 of the Canons of Professional
Ethics.
Question No. 18 (2009) Rule 7.03, Canon 7,
Chapter 2, CPR
Atty. Hype, a bachelor, practices law in the
Philippines. On long weekends, he dates beautiful
actresses in Hong Kong. Kristine, a neighbor in the
Philippines, filed with the Supreme Court
administrative complaint against the lawyer
because of sex videos uploaded through the
internet showing Atty. Hypes sordid dalliance with
the actresses in Hong Kong.
In his answer, Atty. Hype (1) questions the legal
personality and interest of Kristine to institute the
complaint and (2) insists that he is a bachelor and
the sex videos relate to his private life which is
outside public scrutiny and have nothing to do
with his law practice.
Rule on the validity of Atty. Hypes defense. (5%).
Suggested Answer:
The first defense does not lie because the legal
personality and interest of Kristine to initiate the
complaint is not material to the disbarment case.
Disbarment proceedings are siu generis, and are not
considered as civil actions, is not required in
disbarment cases. Public interest is the primary
objective of disbarment cases and not merely
private interest.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Atty. Hydes defense that his private life has nothing
to do with his practice of law is not meritorious. The
CPR specifically provides that lawyers should not
engage in conduct that adversely reflects his fitness
to practice law, nor behave in a scandalous manner
to discredit the legal profession, whether private or
public. Thus, there is a ground for sanctions ions or
even his disbarment.
Question No. 19 (2009). Canon 20, CPR
Atty. Wilmar represented Beatriz in a partition
case among heirs, and won. When Wilmar
demanded payment of attorneys fees, Beatriz
refused to pay. Wilmar sued Beatriz for the unpaid
attorneys fees and obtained a favorable
judgment. Thereafter, Beatriz filed an
administrative complaint against Wilmar claiming
that he lied when he stated in his claim for
attorneys fees that the subject of the partition
case involved the entire estate of the deceased
when, in fact, it covered only 50% thereof. Wilmar
set up the defenses that (1) Beatriz filed the
complaint only to delay the execution of the
judgment ordering her to pay attorneys fees and
(2) Beatriz engaged in forum-shopping. Are the
defenses of Atty. Wilmar tenable? Explain.
Answer:
1) YES. The defenses of Atty. Wilmar are tenable
since Atty. Wilmar had already obtained a
favorable judgment both his clients case as
well as his demand for payment of attorneys
fees due him. Under the circumstances where
services has already been rendered, and his
demand passed upon by a court, the
subsequent administrative complaint can be
gleaned as a delaying tactic on the part this
time of the client.
2) NO. There is strictly no forum shopping. Forum
shopping is the result when there is an adverse
opinion in one forum, and a party seeks a
favorable decision (other than by appeal or
certiorari) in another forum. Here Beatriz,
instead of filing an appeal or a certiorari in a
higher court to contest the award for legal
fees, chose to file an administrative complaint
based on the ground of dishonesty which is not
exactly the identical with the issue raised in
the demand for legal fees.
Otherwise put, the issues pertaining to the demand
for legal fees have been rendered and are due for
execution. The issues Beatriz is raising, whether
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meritorious or otherwise, do not involve the same
causes of action. Rather, it pertains to an aspect of
the facts of the case which should have been agreed
upon at the onset.
Question No. 21 (2009). Rule 15.02 and 15.07,
Canon 15, CPR
When Atty. Romualdo interviewed his client,
Vicente, who is accused of murder, the latter
confessed that he killed the victim in cold blood.
Vicente also said that when he takes the witness
stand, he will deny having done so. Is Atty.
Romualdo obliged, under his oath as lawyer, to
inform the judge that (a) his client is guilty and (b)
his client will commit perjury on the witness
stand? Explain.
Answer:
a) Atty. Romualdo cannot and is not obliged to
reveal to the judge that Vicente is guilty of
murder. Under the rule on privileged
communication, admission of a crime already
committed is deemed privileged. Attorney-
client privilege attaches and he is bound under
such rule to keep secret what his client,
Vicente, told him in confidence.
b) Under the circumstances that his client
expressly told him that he will commit perjury
when he takes the witness stand, such
communication is no longer privileged since it
pertains to a crime yet to be committed. What
Atty. Romualdo must do first is discourage his
client to commit perjury, since a lawyer must
impress upon his client to obey the law. If he
cannot convince him, then the CPR directs him
and gives him a ground to discontinue his
services. (Rule 15.07, CPR). Prudence and
practice show that it may not be in his best
interest to be the one to reveal to the judge
that Vicente will commit perjury on the
witness stand since this revelation lies outside
the Attorney-Client privilege.
Question No. 22 (2009). Rule 13.01, Canon 13, CPR
On a Saturday, Atty. Paterno filed a petition for a
Writ of Amparo with the Court of Appeals (CA).
Impelled by the urgency for the issuance of the
writ, Atty. Paterno persuaded his friend, CA Justice
Johnny de la Cruz, to issue the Writ of Amparo and
the notice of hearing without the signature of the
two other Justices-members of the CA division. Are
Atty. Paterno and Justice de la Cruz guilty of
unethical conduct? Explain. (4%)
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Answer:
YES. Atty. Paterno violated the CPR which provides
that a lawyer shall rely on the merits of his case and
refrain from any improperly which influence or
gives the appearance of influencing the court. Atty.
Paternos act of using his friendship with Justice de
la Cruz in order to acquire the Writ of Amparo
without a hearing is not in accordance with this
rule. Atty. Paterno should have let the process
continue on its own without using connections or
influence.
Another Suggested Answer:
YES. Justice dela Cruz violated the NCJC which
provides that judges shall, in their personal
relations with individual members of the legal
profession, avoid situations which might reasonably
give rise to the suspicion or appearance of
favoritism or partiality. By issuing the Writ of
Amparo alone, in violation of the law, he has
violated this rule.
Question No. 4 (2010). Canon 7.
Atty. XX rented a house of his cousin JJ on a
month-to-month basis. He left for a 6-month study
in Japan without paying his rentals and electric
bills while he was away despite JJs repeated
demands.
Upon his return to the Philippines, Atty. XX still
failed to settle his rental arrearages and electric
bills, drawing JJ to file an administrative complaint
against Atty. XX.
Atty. XX contended that his non-payment of
rentals and bills to his cousin is a personal matter
which has no bearing on his profession as a lawyer
and, therefore, he did not violate the Code of
Professional Responsibility.
a. Is Atty. XX contention in order?(3%)
SUGGESTED ANSWER:
No. The Supreme Court ruled when a lawyer incurs
debts, he has the moral duty and legal responsibility
to settle them when they become due.
Lawyers must at all times faithfully perform their
duties to the society, to the bar, to the court and to
their clients. As part of their duties, they must
promptly pay their financial obligations. (Wilson
Cham vs. Atty. Eva Pata-Moya, 556 SCRA 1,2008)
b. Cite two (2) specific Rules in the Code of
Professional Responsibility, violation of which
subjects a lawyer to disciplinary action by the
Supreme Court although the acts complained
8
of are purely personal or private activities that
do not involve the practice of law. (2%)
SUGGESTED ANSWER:
Rule 7.03 A lawyer shall not engage in conduct
that adversely reflects on his fitness to practice law,
nor shall he whether in public or private life, behave
in a scandalous manner to the discredit of the legal
profession.
Rule 7.01 A lawyer shall be answerable for
knowingly making a false statement or suppressing
a material fact in connection with his application for
admission to the bar.
Question No. 7 (2010). Canon 7
Atty. Candido commented in a newspaper that the
decision of the Court of Appeals was influenced by
a powerful relative of the prevailing party. The
appellate court found him guilty of indirect
contempt.
Does this involve moral turpitude? Explain. (3%)
SUGGESTED ANSWER:
No. Moral turpitude has been defined as everything
which is done contrary to justice, modesty, or good
morals, an act of baseness, vileness or depravity in
the private and social duties which a man owes his
fellowmen, or to society in general, contrary to
justice, modesty or good morals.
Atty. Candido act of attributing corruption in the
court is contemptuous under the CPR but does not
constitute moral turpitude.
Obiter: Moral turpitude is a moral delinquency that
affects the fitness of a member of the bar to
continue as such and includes conduct that
outrages the generally accepted moral standards of
community.
Question No. 3 (2010). Canon 8.
Atty. Y, in his Motion for Reconsideration of the
Decision rendered by the National Labor Relations
Commission (NLRC), alleged that there was
connivance of the NLRC Commissioners with Atty.
X for monetary considerations in arriving at the
questioned decision. He insulted the
Commissioners for their ineptness in appreciating
the facts as borne by the evidence presented.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Atty. X files an administrative complaint against
Atty. Y for using abusive language.
Atty. Y posits that as lawyer for the down-trodden
laborers, he is entitled to express his righteous
anger against the Commissioners for having
cheated them; that his allegations in the Motion
for Reconsideration are absolutely privileged; and
that proscription against the use of abusive
language does not cover pleadings filed with the
NLRC, as it is not a court, nor are any of its
Commissioners Justices or Judges.
Is Atty. Y administratively liable under the Code of
Professional Responsibility? Explain. (3%)
SUGGESTED ANSWER:
Yes. Case law has it that it is unavailing to presume
that labor practitioners are entitled to some
latitude of righteous anger. Likewise, the Court is
not deterred from exercising supervisory authority
over lawyers who misbehave or fail to live up to
that standard expected of them as members of the
Bar.
NLRC exercises quasi-judicial functions and should
be accorded with the same respect and demeanor
due to courts of law.
Canon 8 of the CPR states that a lawyer shall
conduct himself with Courtesy, Fairness and Candor
towards his professional colleagues. Relative
thereto, Rule 8.01 profers that a lawyer shall not, in
his professional dealings, use language which is
abusive, offensive or otherwise improper. In a bid
to maintain respect due to courts and to judicial
officer, Rule 11,03 again states that a lawyer shall
abstain from scandalous, offensive or menacing
language or behavior before the courts.
In addition, Rule 11.04 specifically states that a
lawyer shall not attribute to judge motives not
supported by the record.
Obiter: Canon 7 states that lawyers should at all
times uphold the integrity and dignity of the legal
profession and continues in Rule 7.03 to state that
lawyers should not behave in a scandalous manner
to the discredit of the legal profession.
Question No. 6 (2010). Canon 9.
Atty. Monica Santos-Cruz registered the firm name
Santos-Cruz Law Office with the Department of
Trade and Industry as a single proprietorship. In
her stationery, she printed the names of her
husband and a friend who are both non-lawyers as
her senior partners in light of their investments in
9
the firm. She allowed her husband to give out
calling cards bearing his name as senior partner of
the firm and to appear in courts to move for
postponements.
Did Atty. Santos-Cruz violate the Code of
Professional Responsibility? Why? (3%)
SUGGESTED ANSWER:
Yes. The CPR clearly provides that a lawyer shall
not, directly or indirectly, assist in the unauthorized
practice of law. (Canon 9)
Clearly the husband and friend are non-lawyers who
cannot be partners in a law from otherwise it
constitutes unauthorized practice of law. Similarly,
Rule 9.01 states- A lawyer shall not delegate to any
unqualified person the performance of any task
which by law may only be performed by a member
of the bar in good standing.
Question No. 15-A (2010). Canon 13.
Rico, an amiable, sociable lawyer, owns a share in
Marina Golf Club, easily one of the more posh golf
courses. He relishes hosting parties for
government officials and members of the bench.
One day, he had a chance meeting with a judge in
the Intramuros golf course. The two readily got
along well and had since been regularly playing
golf together at the Marina Golf Club.
a. If Atty. Rico does not discuss cases with
members of the bench during parties and golf
games, is he violating the Code of Professional
Responsibility? Explain. (3%)
SUGGESTED ANSWER:
YES. Atty. Rico is liable for violating Canon 13 Code
of Professional Responsibility, he should refrain
from any impropriety which tends to influence or
gives the appearance of influencing the court. This
is especially true if Atty. Rico is regularly practicing
in the court of the judges.
Also, Rule 13.1 states that A lawyer shall not
extend extraordinary attention or hospitality to, nor
seek opportunity for cultivating familiarity with
judges. In playing golf regularly with judges,
familiarity will certainly arise and whether or not
they discuss cases is a non-issue.
Case law has it, constant company with lawyer
tends to breed intimacy and camaraderie to the
point that favors in the future may be asked from
the judge which he may find hard to refuse. (Padilla
v. Zantua Jr.)
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Question No, 8 (2010). Canon 16.03.
For services to be rendered by Atty. Delmonico as
counsel for Wag Yu in a case involving 5,000
square meters (sq.m.) of land, the two agreed on a
success fee of P50,000 plus 500 sq.m. of the land.
The trial court rendered judgment in favor of Wag
Yu which became final and executory.
After receiving P50,000, Atty. Delmonico
demanded the transfer to him of the promised 500
sq.m. Instead of complying, Wag Yu filed an
administrative complaint charging Atty. Delmonico
with violation of the Code of Professional
Responsibility and Article 1491 (5) of the Civil Code
for demanding the delivery of a portion of the land
subject of litigation.
Is Atty. Delmonico liable under the Code of
Professional Responsibility and the Civil Code?
Explain? (5%)
SUGGESTED ANSWER:
No. Rule 16.03 A lawyer shall deliver the funds
and property of his client when due or upon
demand. However, he shall have a lien over the
funds and may apply so much thereof as may be
necessary to satisfy his lawful fees and
disbursements, giving notice promptly thereafter to
his client.
He shall also have a lien to the same extent on all
judgments and executions he has secured for his
client as provided for in the Rules of Court. Here the
land is no longer subject of litigation because the
case was already final and executor.
Question No. 3 (2011) Canon Law, Rule 20
Atty. Franciscos retainer agreement with RXU said
that his attorney's fees in its case against CRP
"shall be 15% of the amounts collected." Atty.
Francisco asked the trial court to issue a temporary
restraining order against CRP but this was denied,
prompting him to file a petition for certiorari with
the Court of Appeals to question the order of
denial. At this point, RXU terminated Atty.
Franciscos services. When the parties later settled
their dispute amicably, CRP paid RXU P100 million.
Because of this, Atty. Francisco came around and
claimed a 15% share in the amount. What should
be his attorneys fees?
Answer:
10
(A) Nothing because the compromise came
after RXU terminated him.
(B) 15% of what CRP paid RXU or P15
million.
(C) A reasonable amount that the court
shall fix upon proof of quantum merit.
(D) Nothing since he was unable to
complete the work stated in the retainer
contract.
Question No. 5. (2011), Canon law
Sheryl, Eric's counsel, once asked for
postponement and the court granted it since the
opposing counsel, Bernadine, did not object. Eric
then asked Sheryl not to allow any further
postponements because his case has been pending
for 8 years. When trial resumed, Bernadine moved
to reset the trial because of her infant's ailment.
What must Sheryl do?
Answer:
(A) Remind the Court that it has the duty to
promptly decide the case.
(B) Interpose no objection since she too
once sought postponement without
Bernadine's objection.
(C) Vehemently oppose Bernadine's motion
for being contrary to Eric's wishes.
(D) Submit the motion to the Court's sound
discretion.
Question No. 7 (2011) Canon Law, rule 7
Which of the following statements best describes
the distinct traditional dignity that the legal
profession enjoys over other professions?
Answer:
(A) People are quite dependent on lawyers
for their skills in getting them out of trouble
with the law.
(B) Its members strive to maintain honesty
even in their private dealings.
(C) Its members earn by charging specified
emoluments or fees.
(D) The profession is anchored on a
fiduciary relation with the client.
Question No. 14 (2011), CANON law
After Atty. Benny got a P2 million final judgment
in his clients favor, he promptly asked the court,
without informing his client, to allow him a
charging lien over the money in the amount of
P500,000, his agreed fees, The Court issued a writ
 Compiled by BSU-Law, 3rd Year students SY 2015-16
of execution for the whole judgment in Atty.
Benny's name with an order for him to turn over
the excess to his client. Is Atty. Bennys action
correct?
Answer:
(A) No, since his fees are excessive.
(B) Yes, since he was merely asserting his
right to collect his fees.
(C) Yes, since he would anyway give the
excess to his client after getting his fees.
(D) No, since he did not disclose to his
client the matter of getting a charging lien
and a writ of execution in his name.
Question No. 15 (2011), Canon Law
On 17 April 2006 NWD, a local water district
entity, hired Atty. Chito as private counsel for a
year with the consent of the Office of the
Government Corporate Counsel (OGCC). Shortly
after, a leadership struggle erupted in NWD
between faction A and faction B. Siding with the
first, Atty. Chito filed several actions against the
members of faction B. Eventually, the court upheld
Faction B which thus revoked Atty. Chitos retainer
on 14 January 2007. With OGCCs approval, NWD
hired Atty. Arthur in his place. When Atty. Arthur
sought the dismissal of the actions that Atty. Chito
had instituted, the latter objected on the ground
that his term had not yet expired and Atty. Arthur
had no vacancy to fill up. Is Atty. Chito right?
Answer:
(A) No, because Atty. Chitos continued
appearances in the cases was without
authority since 14 January 2007.
(B) No, because Atty. Arthur would have
violated the rule on forum shopping.
(C) Yes, because Atty. Chitos retainer and
authority remained valid until 17 April 2006.
(D) No, because Atty. Chito has the duty to
expose the irregularities committed by the
members of Faction B.
Question No. 16 (2011), Canon Law, Canon 10
Noel and Emily who were involved in a road
accident sued Ferdie, the driver of the other car,
for damages. Atty. Jose represented only Noel but
he called Emily to testify for his client. During
direct examination, Emily claimed that her injuries
were serious when Atty. Jose knew that they were
not. Still, Atty. Jose did not contest such claim.
Ferdie later sued Emily for giving false testimony
since her own doctors report contradicted it. He
11
also sued Atty. Jose for foisting a false testimony in
court. Is Atty. Jose liable?
Answer:
(A) No, because he did not knowingly
arrange for Emily to lie in court.
(B) Yes, because he did not advise his client
to settle the case amicably.
(C) No, because Emily did not permit him to
reveal the falsity to the court.
(D) Yes, because he knowingly let Emily's
false testimony pass for truth.
Question No. 17 (2011), Canon Law, Rule 16
In settling his client's claims, Atty. Cruz received
from the adverse party P200,000 in cash for his
client. Which of the following is an IMPROPER way
for Atty. Cruz to handle the money?
Answer:
(A) Ask his client to prepare a check for his
fees for swapping with the cash.
(B) Deposit the cash in his own bank
account and later issue his personal check
to his client, less his fees.
(C) Turn over the cash to his client with a
request that the latter pay him his fees.
(D) Tell his client about the settlement and
the cash and wait for the client's
instructions.
Question No. 20 (2011) canon law, canon21
After representing Lenie in an important lawsuit
from 1992 to 1995, Atty. Jennifer lost touch of her
client. Ten years later in 2005, Evelyn asked Atty.
Jennifer to represent her in an action against
Lenie. Such action involved certain facts, some
confidential, to which Atty. Jennifer was privy
because she handled Lenie's old case. Can Atty.
Jennifer act as counsel for Evelyn?
Answer:
(A) No, but she can assist another lawyer
who will handle the case.
(B) Yes, but she must notify Lenie before
accepting the case.
(C) No, because her duty to keep the
confidences of previous clients remains.
(D) Yes, but she cannot reveal any
confidential information she previously got.
Question No. 24 (2011), Canon Law, Canon 19
 Compiled by BSU-Law, 3rd Year students SY 2015-16
A difficult client directed his counsel to bring up to
the Supreme Court the trial courts dismissal of
their action. Counsel believes that the trial court
acted correctly and that an appeal would be futile.
Which of the following options should counsel
take?
Answer:
(A) Withdraw from the case to temper the
clients propensity to litigate.
(B) Engage a collaborating counsel who can
assist in the case.
(C) Submit a new retainer proposal to the
client for a higher fee.
(D) Elevate the case to the Supreme Court
as directed by client.
Question No. 25 (2011) Canon Law, Rule 11
Although not counsel in a particular case, Atty.
Anthony asked Lisa, the RTC clerk of court, if the
case records have already been remanded to the
MTC as the Court of Appeals directed. Lisa said no,
saying that the RTC had not yet received a certified
copy of the Court of Appeals decision. When Lisa
suggested that Atty. Anthony first secure such a
copy, the latter scolded her. Shamed by this, Lisa
filed a disciplinary action against him for
encroaching on the work of the lawyers of record.
Anthony defends his follow-up action by claiming
good faith and the possibility of entering his
appearance later. Is Anthony liable for his record
follow up?
Answer:
(A) Yes, because he did not inform Lisa of
the basis of his interest in the case.
(B) Yes, because none of the parties to the
case authorized him to do such follow up.
(C) No, because he acted in good faith with
a view to a possible retainer.
(D) No, because following up the records of
any case does not constitute practice of
law.
Question No. 28 (2011), Canon Law, Rule 12.02
(forum Shopping)
Counsel for Philzea Mining appealed a decision of
the Bureau of Mines, which was adverse to his
client, to the Environment Secretary. At about the
same time, he filed a special civil action of
certiorari with the Court of Appeals for the
annulment of the same decision. Did counsel
commit any ethical impropriety in his actions?
Answer:
12
(A) Yes, since the action he filed with the
Court of Appeals was barred by the
pendency of a similar action before the
Environment Secretary.
(B) Yes, since he was evidently shopping
for a sympathetic forum, a condemnable
practice.
(C) No, since his appeal to the Environment
Secretary was administrative, not judicial.
(D) No, since he has to exhaust all available
remedies to serve his clients interest.
Question No. 29 (2011), Canon Law, Rule 1
(ambulance Chasing)
Atty. Melissa witnessed the car accident that
resulted in injury to Manny, a friend of hers. While
visiting him at the hospital, she advised him about
what action he needed to take regarding the
accident. Is Atty. Melissa subject to disciplinary
action if she eventually handles the case for him?
Answer:
(A) No, because Melissa did not directly
volunteer her services.
(B) No, because Manny happened to be a
friend.
(C) Yes, she engaged in typical ambulance
chasing.
(D) Yes, because she should have offered
her services for free.
Question No. 33 (2011), Canon Law, rule 6.02
Atty. Eliseo represented Allan in a collection suit
against the Philippine Charity Sweepstakes Office
(PCSO). After his election as sangguniang bayan
member, the court rendered a decision in PCSOs
favor. Still, Atty. Eliseo appeared for Allan in the
latters appeal, prompting the PCSO to question
his right to do so. In response, Atty. Eliseo claimed
that the local government code authorizes him to
practice law as long it does not conflict with his
duties. Is Atty. Eliseo right?
Answer:
(A) No, because he cannot appear against a
government instrumentality in a civil case.
(B) Yes, because his official duties do not
conflict with his private practice.
(C) No, because he works on his private
case at the sacrifice of public service.
(D) Yes, because he does not appear in the
case as a municipal official.
Question No. 34 (2011), Canon Law, Canon18
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Which of the following instances demonstrates
counsels LACK of diligence in serving his client's
interest?
Answer:
(A) Failing to file his clients appeal brief
despite 2 extensions upon the excuse that
the client did not coordinate with him.
(B) Failing to send to client a requested
legal opinion until after the latter gave him
the additional documents he requested.
(C) Failing to rehearse his client on his
testimony before the trial.
(D) Updating his client about the status of
his case by phone and electronic mail.
Question No. 37 (2011), Canon Law, Rule 8
After hearing in a sensational criminal case,
counsel for the accused told television viewers
how the judge unfairly ruled to stop his witness
from testifying fully about certain aspects of the
case that would help the accused. Counsel said
that the public should know the injustice to which
his client was being subjected. Can counsel be
disciplined for his utterances?
Answer:
(A) Yes, because rather than defend the
judicial system as was his duty, he attacked
it.
(B) No, since counsel did not use obscene
language.
(C) No, so long as counsel did not
knowingly make false statements or act in
reckless disregard of truth.
(D) Yes, even if the judge may have actually
made unfair rulings in the course of trial.
Question No. 38 (2011), Canon Law, Rule 22
Which of the following is required of counsel when
withdrawing his services to a client in a case?
Answer:
(A) Counsel's desire to withdraw, expressed
in his motion.
(B) Payment of withdrawal fee.
(C) Opposing counsels conformity to the
withdrawal.
(D) Client's written consent filed in court.
Question No. 39 (2011), Canon Law, Rule 11
13
Which of the following demonstrates the lawyer's
duty to give the court the respect it deserves?
Answer:
(A) Counsel consistently appearing in court
on time.
(B) Counsel obeying court's orders and
processes.
(C) Woman counsel appearing in court
dressed in business attire.
(D) Counsel addressing the court as "Your
Honor" at all times.
Question No. 40 (2011), Canon Law, Canon 20
Atty. Arthur agreed to represent Patrick in a
personal injury case after the latter signed a
retainer agreement for a 33% fee contingent on
their winning the case. In the course of trial,
Patrick dismissed Atty. Arthur after he presented
their evidence in chief and engaged Atty. Winston
another lawyer. They lost the case. What fee
would Atty. Arthur be entitled to?
Answer:
(A) Thirty three percent of the fee actually
paid to Winston.
(B) The reasonable value of his services.
(C) A flat hourly rate for the time he
invested in the case.
(D) Absolutely nothing.
Question No. 42 (2011), Canon Law, Rule 16
Which of the following characteristics pertains to a
charging lien?
Answer:
(A) It cannot attach to judgments for
delivery of real estates.
(B) It involves documents placed in the
lawyer's possession by reason of the
retainer.
(C) It does not need any notice to the client
to make it effective.
(D) It may be exercised before judgment or
execution.
Question No.45 (2011), Canon law, Rule 2
On November 28 Atty. Patrick wrote in a
newspaper column that the Supreme Court
already decided in favor of the validity of the
Executive Order that created the Truth
Commission upon a vote of 13-2. But, as it turned
out, the Court actually rendered an adverse
 Compiled by BSU-Law, 3rd Year students SY 2015-16
decision only on December 7, and upon a vote of
10-5. Asked to explain his misleading article,
Patrick said that his constitutionally protected
right to free expression covered what he wrote.
Can the Court cite Patrick for contempt?
Answer:
(A) Yes, because his article obstructs and
degrades the administration of justice.
(B) No, because the right to free expression
occupies a high rank in the hierarchy of
cherished rights.
(C) No, because courts must simply ignore
public opinion and the media when
rendering decisions.
(D) Yes, because he wrote a lie in his
column.
Question No. 46 (2011), Canon Law, Rule 1
Atty. Ramon borrowed his client's (Menchu) land
title. After eight months, Menchu demanded its
return but he failed to comply and changed his
residence. After Menchu tracked him down, she
confronted him about the title. He then offered to
just buy the property and gave her five checks for
it but these bounced. Charged with malpractice,
Atty. Ramon answered that his license to practice
law cannot be in issue. He merely incurred civil
liability for a failed transaction. Will the
malpractice action prosper?
Answer:
(A) No, because his failure to pay his
obligation only makes him civilly liable.
(B) No, since Menchu did not transact
business with Atty. Ramon as a lawyer.
(C) Yes, because it is professionally
reprehensible for a lawyer to be unavailable
to a person in need.
(D) Yes, he having taken advantage of
Menchu who was not fully protected and
had no independent advice.
Question No. 50 (2011), Canon law, Rule 17, 18
Which of the following demonstrates a lawyers
fidelity to known practices and customs of the bar
regarding a case he is handling?
Answer:
(A) Treating his clients disclosures as
confidential but not the documents he
submits for review.
(B) Meeting with his clients opponent over
lunch to discuss settlement without telling
his client.
14
(C) Accepting a tough case although he is
new in practice, trusting that his diligence
would make up for lack of experience.
(D) Inviting the judge hearing the case to
dinner with no purpose to discuss the case
with him.
Question No. 1 (2013). Code 19, 22, 10
Atty. Bravo represents Carlos Negar (an insurance
agent for Dormir Insurance Co.) in a suit filed by
insurance claimant Andy Limot who also sued
Dormir Insurance. The insurance policy requires
the insured/claimant to give a written notice to
the insurance company or its agent within 60 days
from the occurrence of the loss.
Limot testified during the trial that he had mailed
the notice of the loss to the insurance agent, but
admitted that he lost the registry receipt so that
he did not have any documentary evidence of the
fact of mailing and of the timeliness of the mailed
notice. Dormir Insurance denied liability,
contending that timely notice had not been given
either to the company or its agent. Atty. Bravos
client, agent Negar, testified and confirmed that he
never received any notice.
A few days after Negar testified, he admitted to
Atty. Bravo that he had lied when he denied
receipt of Limots notice; he did receive the notice
by mail but immediately shredded it to defeat
Limots claim.
If you were Atty. Bravo, what would you do in light
of your clients (Carlos Negars) disclosure that he
perjured himself when he testified? (8%)
SUGGESTED ANSWER:
If I were Atty. Bravo I shall promptly call upon Carlos
Negar, my client, to rectify his perjured testimony
by recanting the same before the court.
Should he refuse or fail to do so I shall then
terminate my relationship with him (Code of
Professional Responsibility, Canon 19, Rule 19.02)
stating that with his having committed perjury he
pursued an illegal conduct in connection with the
case (Ibid., Canon 22, Rule 22.01).
Since my client Limot refuses to forego the
advantage thus unjustly gained as a result of his
perjury, I should promptly inform the injured
person or his counsel, so that they may take the
appropriate steps (Canons of Professional Ethics,
Canon 41).
Finally, as part of my duty to do no falsehood, nor
consent to the doing of any in court (Code of
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Professional Responsibility, Canon 10, Rule 10.01,
and the Attorneys Oath). I shall file a manifestation
with the court attaching thereto the notice of
termination as Limots counsel.
Question No. 2 (2013). Canon 12.
Atty. Serafin Roto is the Corporate Secretary of a
construction corporation that has secured a multi-
million infrastructure project from the
government. In the course of his duties as
corporate secretary, he learned from the company
president that the corporation had resorted to
bribery to secure the project and had falsified
records to cut implementing costs after the award
of the project.
The government filed a civil action to annul the
infrastructure contract and has subpoenaed Atty.
Roto to testify against the company president and
the corporation regarding the bribery. Atty. Roto
moved to quash the subpoena, asserting that
lawyer-client privilege prevents him from
testifying against the president and the
corporation.
Resolve the motion to quash. (8%)
SUGGESTED ANSWER:
Motion denied. The motion should be denied
because Atty. Roto did not learn of the bribery and
falsification in connection with a lawyer-client
relation. Being a corporate secretary does not
create a lawyer-client relation because membership
in the Bar is not a requirement to perform functions
of a corporate secretary. Consequently, Atty. Roto
does no owe any obligation of confidentiality to the
corporation.
Atty. Roto may be compelled to testify. As an officer
of the court, a lawyer shall exert every effort and
consider it his duty to assist in the speedy and
efficient administration of justice (Code of
Professional Responsibility, Canon 12).
Furthermore, a lawyer owes candor, fairness and
good faith to the court (Ibid., Canon 10).
ALTERNATIVE ANSWER
Motion granted. It is true that being a corporate
secretary does not necessarily constitute a lawyer-
client relation. However, Atty. Roto may be
considered in the practice of law if part of his duties
as a corporate secretary is to give legal advice to or
prepares legal documents for the corporation. Thus,
a lawyer-client relationship may have been
constituted between Atty. Roto and the
corporation. Consequently, it is his duty as an
attorney to maintain inviolate the confidence, and
15
at every peril to himself, to preserve the secrets of
his client (Rules of Court, Rule 138, Sec. 20, par. e,
paraphrasing and arrangement supplied).
Atty. Roto learned from the company president of
the bribery and falsification, while Atty. Roto was in
the course of his performance of his duties as
corporate secretary. Thus, he could not be
examined in that matter without the consent of his
client (Ibid., Rule 130, Sec. 24(b)).
Question No. 4 (2013). Canon 1
Atty. Doblar represents Eva in a contract suit
against Olga. He is also defending Marla in a
substantially identical contract suit filed by Emma.
In behalf of Eva, Atty. Doblar claims that the
statute of limitations runs from the time of the
breach of the contract. In the action against Marla,
Atty. Doblar now argues the reverse position i.e.,
that the statute of limitation does not run until
one year after discovery of the breach.
Both cases are assigned to Judge Elrey. Although
not the sole issue in the two cases, the statute of
limitations issue is critical in both.
Is there an ethical/professional responsibility
problem in this situation? If a problem exists, what
are its implications or potential consequences?
(8%)
SUGGESTED ANSWER:
Yes. There is an ethical/professional responsibility
problem that results from the actuation of Atty.
Doblar in arguing the reverse positions.
The signatures of Atty. Doblar on the pleadings for
Eva and Maria, constitute a certificate by him that
he has read the pleadings; that to the best of his
knowledge, information and belief there is good
ground to support them; and that the pleading
were not interposed for delay (Rules of Court, Rule
7, Sec. 3, 2nd par.). Atty. Doblar could not claim he
has complied with the foregoing requirement
because he could not take a stand for Eva that is
contrary to that taken for Maria. His theory for Eva
clearly contradicts his theory for Maria. He has
violated his professional responsibility mandated
under the Rules of Court.
He has likewise violated the ethical responsibility
that his appearance in court should be deemed
equivalent to an assertion on his honor that in his
opinion his clients case is one proper for judicial
determination (Canons of Professional Ethics,
Canon 30, 2nd par., last sentence).
 Compiled by BSU-Law, 3rd Year students SY 2015-16
In counselling on the contradictory positions, Atty.
Doblar has likewise counseled or abetted activities
aimed at defiance of the law or at lessening
confidence in the legal system (Code of Professional
Responsibility, Canon 1, Rule 1.02) because
conflicting opinions may result arising from an
interpretation of the same law.
Atty. Doblar could not seek refuge under the
umbrella that what he has done was in protection
of his clients. This is so because a lawyers duty is
not of his client but to the administration of justice.
To that end, his clients success is wholly
subordinate. His conduct ought to and must always
be scrupulously observant of the law and ethics
(Ernesto Pineda, LEGAL AND JUDICIAL ETHICS, 211
(1999), citing Maglasang v. People, G.R. No. 90083,
October 4, 1990).
Any means, not honorable, fair and honest, which is
resorted to by the lawyer, even in the pursuit of his
devotion to his clients cause , is condemnable and
unethical (Ibid.).
Question No. 7 (2013). Canon 4.
In an action to prevent the condominium
developer from building beyond ten (10) floors,
Judge Cerdo rendered judgment in favor of the
defendant developer. The judgment became final
after the plaintiffs failed to appeal on time. Judge
Cerdo and Atty. Cocodrilo, counsel for the
developer, thereafter separately purchased a
condominium unit each from the developer.
Did Judge Cerdo and Atty. Cocodrilo commit any
act of impropriety or violate any law for which
they should be held liable or sanctioned? (8%)
SUGGESTED ANSWER:
Judge Cerdo and Atty. Cocodrilo did not commit any
act of impropriety nor did they violate any law.
The prohibition imposed by the Civil Code, Art.
1491(5), prohibiting judges and attorneys, and that
contained in the Canons of Professional Ethics,
Canon 10, with regard to purchase of any interest in
the subject matter of the litigation both refer only
to instance where the property is still the subject of
the litigation.
The prohibition does not apply to instance, such as
in the problem, where the conveyance takes place
after the judgment because the property can no
longer be said to the subject of litigation (Director
of Lands v. Ababa, G.R. No. L-26096, February 27,
1979).
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ALTERNATIVE ANSWER
Atty. Crocodilo did not commit any ethical violation
nor did he violate any law when he purchased a
condominium unit from the developer. The
prohibition under the Canons of Professional Ethics
and under the Civil Code, Art. 1491(5) finds
application only while the property is still the
subject ogf litigation. With the judgment having
attained a state of finality, the property can no
longer be said to be the subject of litigation
(Director of Lands v. Ababa, G.R. No. L-26096,
February 27, 1979).
While technically, Judge Cerdo has not violated the
provisions of the Civil Code, Art. 1491(3) when he
purchased a condominium unit form the developer
because the judgment has attained a state of
finality, there may be some concerns on the ethical
aspect of what he had done.
Familiar is the maxim, Non omne quod licet
honestum est (Not everything that is legal is
ethical). Judges, like Judge Cerdo should be free of
any whiff of impropriety. Judges shall avoid
impropriety and the appearance of impropriety in
all of their activities (New Code of Conduct for the
Philippine Judiciary, Canon 4, Sec. 1).
His purchase of a condominium unit from the
developer might be interpreted by some quarters as
a consideration for his having decided the case in
favor of the defendant developer.
Question No. 8-MCQ (2013). Canon 14
Vito is a notorious gangster in the province who has
been accused of raping and mercilessly killing a 16-
year old girl. Sentiments run very strongly against
him and the local Bar Association met and decided
that no lawyer in the locality would represent him.
Vito could not afford the services of an out-of-town
counsel.
Choose the most appropriate legal and ethical
characterization of the decision of the local Bar
Association. (1%)
Answer:
(A) It is within its right to make, since
lawyers may freely decide who to represent
and who not to represent.
(B) It is unethical; it constitutes a collective
denial of Vitos right to the assistance of
counsel.
(C) It constitutes an anticipated act of
contempt towards the court that may order
 Compiled by BSU-Law, 3rd Year students SY 2015-16
any of the members of the association to
represent the accused.
(D) It must be concurred in by each member
of the Bar Association to have any binding
force.
(E) It is unethical because the Bar
Association already prejudged Vito.
SUGGESTED ANSWER:
(B) It is unethical; it constitutes a collective denial
of Vitos right to the assistance of counsel (Code of
Professional Responsibility, Canon 14, Rule 14.01;
1987 Constitution, Art. III, Sec. 2).
Question No. 10 (2013) Canon 3
As a new lawyer, Attorney Novato started with a
practice limited to small claims cases, legal
counseling, and notarization of documents. He put
up a solo practice law office and was assisted by
his wife who served as his secretary/helper. He
used a makeshift hut in a vacant lot near the local
courts and a local transport regulatory agency.
With this strategic location, he enjoyed heavy
patronage assisting walk-in clients in the
preparation and filing of pleadings and in the
preparation and notarization of contracts and
documents. He had the foresight of investing in a
good heavy duty copier machine that reproduces
quality documents, and charges a reasonable fee
for this service. He draws electric power from an
extension wire connected to an adjoining small
restaurant. He put up a shingle that reads: "Atty.
Novato, Specialist in Small Claims, Fastest in
Notarization; the Best and Cheapest in Copier
Services."
Is Attorney Novatos manner of carrying out his
professional practice i.e., mixing business with
the practice of law, announcing his activities via a
shingle and locating his office as above-described
in keeping with appropriate ethical and
professional practice? (8%)
SUGGESTED ANSWER:
No. Attorney Novatos manner of carrying out his
professional practice is not in keeping with the
appropriate ethical and professional practice. He
has disregarded the law profession which may
result to loss of respect to lawyers as a whole.
The use of a makeshift hut standing alone would
create the impression that the lawyer does no have
a permanent address which is required to be stated
in all pleadings he signs as well as required to be
shown in documents he notarizes.
17
His shingle shows that he has considered the law
profession as a business. He should have a separate
shingle for his copier services business.
When he included in his shingle the phrases
Specialist in Small Claims and Fastest in
Notarization, he has transgressed the rule that a
lawyer in making known his legal services shall use
only dignified information or statement of facts
(Code of Professional Responsibility, Canon 3). So
also the norm that a lawyer shall not use or permit
the use of any misleading, undignified self-laudatory
or unfair statement or claim regarding his
qualifications or legal services (Ibid., Canon 3, Rule
3.01).
The use of the phrases Specialist in Small Claims
and Fastest in Notarization is misleading
advertisement because they are likely to create an
unjustified expectation about the results the lawyer
can achieve or implies that the lawyer an achieve
results by improper means (ABA Model Rule 7.1.b.).
[NOTES AND COMMENTS: The examinees have
sixteen (16) minutes to answer each essay question.
Thus, they have more than ample time to write
exhaustive answers to the questions. The citations
are merely guides. Examinees should get full credit
even if they do not include the citations]
Question No. 11 MCQ (2013). Canon 14
Candido engaged the services of Atty. Lebron in a
criminal case. In the course of their consultations,
Candido admitted to Atty. Lebron that he
committed the crime and in fact actively planned
its commission. He stressed, however, that under
no circumstance would he admit or confess to the
murder charge he is facing and, in fact, would
enter a plea of "not guilty" on arraignment.
If Candido insists on his planned plea, Atty. Lebron
should __________. (1%)
Answer:
(A) discontinue his representation; to
continue would be unethical since he would
then be aiding the accused in foisting a
deliberate falsehood on the court
(B) allow Candido to choose his course of
action; Atty. Lebrons duty is to protect all
his legal and statutory rights
(C) convince Candido to plead guilty and
withdraw from the case if Candido refuses
to heed his advice
(D) file a manifestation, if Candido pleads
"not guilty," declaring to the court what he
knows of the truth.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
(E) play matters by ear and wait for
developments as Candido may still plead
guilty.
SUGGESTED ANSWER:
(B) Allow Candido to choose his course of action;
Atty. Lebrons duty is to protect all his legal and
statutory rights (Code of Professional
Responsibility, Canon 14, Rule 14.01).
Or
(C) Convince Candido to plead guilty and withdraw
from the case if Candido refuses to heed his
advice.
Question No. 12-MCQ (2013). Canon 12
A Regional Trial Court issues a temporary
restraining order ( TRO ) halting the demolition
order issued by the City Mayor who has long
loathed the cluster of shanties put up by informal
settlers along the road leading to the citys
commercial district. The TRO, however, carried
conditions that must be in place before the
threatened demolition can be fully halted.
The city legal officer advised the City Engineers
Office and the local PNP chief that the TROs
conditions are not in place so that the demolition
could proceed. The city filed a manifestation
reflecting the city legal officers position, while the
informal settlers counsel sought its own
clarification and reconsideration from the court,
which responded by decreeing that the conditions
have been fulfilled. Despite this ruling, the city
legal officer insisted that the conditions have not
been fulfilled and thus gave the PNP clearance to
aid the City Engineers Office in proceeding with
the demolition.
From the perspective of professional ethics, how
would you characterize the city legal officers
actions? (1%)
Answer:
(A) It is unethical since he counseled civil
servants to disregard a court order.
(B) It is ethical, since he acted in accordance
with his honest conviction after considering
that the courts conditions have not been
met.
(C) It constitutes indirect contempt, but the
lawyer cannot be disciplined because he
acted out of his firm and honest conviction.
(D) It is neither contemptuous nor unethical
since he was performing his duties as city
legal officer.
(E) It is unethical since the City Legal Officer
was simply blindly following the Mayors
wishes.
18
SUGGESTED ANSWER:
(A) It is unethical since he counseled civil servants
to disregard a court order (Code of Professional
Responsibility, Canon 12).
Question No. 13-MCQ (2013) Canon 15
The mediator assigned to a civil case happens to
be your law school classmate and he makes a
doctrinal statement about the rights of the parties.
You knew that the statement, although favorable
to your clients case, is incorrect.
The ethical move to make under the circumstances
is to __________. (1%)
Answer:
(A) correct the mediator and state the right
doctrine
(B) just keep quiet because the other
counsel might learn about your relationship
with the mediator
(C) reveal your relationship with the
mediator and ask the opposing counsel if he
has any objections
(D) request the Mediation Supervisor to
immediately change the mediator
(E) simply withdraw from the case because
of the unfair advantage that you enjoy
SUGGESTED ANSWER:
(A) Correct the mediator and state the right
doctrine. This is part of my duty as a lawyer.
Or
(C) Reveal your relationship with the mediator and
ask the opposing counsel if he has any objections
(Code of Professional Responsibility, Canon 15,
Rule 15.04).
Question No. 14 MCQ (2013) Canon 2
Wanda finally became pregnant in the 10th year of
her marriage to Horacio. As her pregnancy
progressed, she started having difficulty breathing
and was easily fatigued. The doctors diagnosed
that she has a heart congestion problem due to a
valve defect, and that her chances of carrying a
baby to full term are slim. Wanda is scared and
contemplates the possibility of abortion. She thus
sought legal advice from Diana, a lawyer-friend
and fellow church member, who has been
informally advising her on legal matters.
What is Dianas best ethical response? (1%)
Answer:
(A) Beg off from giving any advice because it
is a situation that is not purely legal.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
(B) Advise Wanda on the purely legal side of
her problem and assure her that abortion is
allowed by law if the pregnancy endangers
the life of the mother.
(C) Advise that it is a religious problem
before it is a medical or legal one, and
Wanda should consult and follow the advice
of her religious confessor.
(D) Advise Wanda that abortion, above
everything else, is a moral problem and she
should only have an abortion if it is an act
she can live with.
(E) Refrain from giving any kind of advice as
abortion is a serious matter that cannot be
resolved through informal consultations
with friends and fellow church members.
SUGGESTED ANSWER:
(B) Advise Wanda on the purely legal side of her
problem and assure her that abortion is allowed by
law if the pregnancy endangers the life of the
mother (Code of Professional Responsibility,
Canon 2, Rule 2.01-2.02).
Question No. 15-MCQ (2013) Canon 15
Based on the same facts as Question XIV, assume
that Diana, aside from being a family friend of the
couple, has been formally and informally acting as
their lawyer in all their personal and family affairs.
She has represented them in court in a case
involving a car accident and in the purchase of
their family home, for which they formally paid the
attorneys fees that Diana billed.
In this instance, Wanda asked about her legal
rights but did not formally ask for a written
opinion from Diana. Horacio never had any input
on the query as he was then away on an out-of-
town trip for his office.
Diana advised Wanda that she is fully protected in
law and her best course of action is to have an
abortion while her pregnancy is not yet far
advanced.
Did Diana violate the prohibition against
representing conflicting interests when she
provided legal advice to Wanda without Horacios
knowledge? (1%)
Answer:
(A) Yes. The decision of whether to have an
abortion should be decided by both
spouses; thus, Diana should not have
provided legal advice in the absence of
Horacio whose concerns and positions are
unknown to her.
19
(B) No. Diana did not give any formal advice
that would constitute legal practice calling
for the strict observance of the conflict of
interest rules.
(C) No. The decision on whether or not to
have an abortion lies solely with Wanda; it
is her body and health that is in issue.
(D) No. Horacio and Wanda are married,
any advice given to Wanda is deemed to
have been given to Horacio as well.
(E) No. Giving advice to Wanda is not
necessarily acting against Horacios interest;
Diana was giving advice based on the
couples best interest.
SUGGESTED ANSWER:
(A) Yes. The decision of whether to have an
abortion should be decided by both spouses; thus,
Diana should not have provided legal advice in the
absence of Horacio whose concerns and positions
are unknown to her (Code of Professional
Responsibility, Canon 15).
Or
(C) No. The decision on whether or not to have an
abortion lies solely with Wanda; it is her body and
health that is in issue (Code of Professional
Responsibility, Canon 5 and Canon 18);
(Reproductive Health Law).
Question No. 17-MCQ (2013). Canon 15
Under the same essential facts as the preceding
Question XVI, assume that you have resigned from
ABLE Law Office and that you were never
impleaded as a co-defendant, but during your stay
with the firm, you assisted in handling the Cobra
Co. account, which is largely owned by Cable Co.
The prosecutor handling the case against Santino
and the law firm asks you, as a former law firm
member, if you can help strengthen the
prosecutions case and hints that you, too, may be
impleaded as a co-defendant if you do not
cooperate.
What is your best legal and ethical course of
action? (1%)
Answer:
(A) Offer to testify on what you know and
provide evidence against the defendants in
exchange for a guarantee of immunity from
prosecution in the case.
(B) Offer to provide evidence against
Santino, but clarify that you cannot testify
against Santino because of the privileged
communications rule
 Compiled by BSU-Law, 3rd Year students SY 2015-16
(C) Decline to testify against the defendants
and to provide evidence in the case as the
attorney-client privilege lasts even beyond
the termination of the relationship.
(D) Decline to testify against the defendants
as whatever information you acquired from
Santino and Cable Co. in the course of the
lawyer-client relationship is privileged.
(E) Alert the law firm to the prosecutions
offer so that they can prepare for the
evidence within your knowledge that the
prosecution may use.
SUGGESTED ANSWER:
(C) Decline to testify against the defendants and to
provide evidence in the case as the attorney-client
privilege lasts even beyond the termination of the
relationship (Code of Professional Responsibility,
Canon 15, Rule 15.02).
Question No. 19-MCQ (2013). Canon 12
You are a lawyer working at the Office of the
Special Prosecutor and you are part of the team
handling the case against former Senator Avido
who is charged with plunder. Based on your
assessment of the evidence that the complainant
Linda submitted, you know that the case against
former Senator Avido is weak, although you
instinctively feel that he is guilty. You inform your
friend Atty. Curioso (who works with the office of
Senator Elmismo, a known political rival of Senator
Avido) regarding your instinctive feeling about
Senator Avido. Atty. Curioso springs a surprise by
giving you a recording of the wiretapped
conversation between Senator Avido and Napo, a
private party co-accused, about the transaction
complained of and how they would split the
proceeds.
What will you do under these circumstances? (1%)
Answer:
(A) Disregard the wiretapped conversation
as it is inadmissible and will not serve any
useful purpose in the trial of the case.
(B) Present the wiretapped conversation in
court; although inadmissible, its
introduction and the disclosure of its
existence is a right that the public is entitled
to.
(C) Leak the wiretapped conversation to the
media, to let the public know what really
happened.
(D) Submit the wiretapped conversation to
the Senate which is in the best position to
determine what to do with it.
20
(E) Let Napo privately know, through 3rd
parties, that you are aware of the existence
of the taped conversation, with the hint
that he can still hope for a lighter penalty if
he would cooperate.
SUGGESTED ANSWER:
(A) Disregard the wiretapped conversation as it is
inadmissible and will not serve any useful purpose
in the trial of the case (Code of Professional
Responsibility, Canon 12).
Question No. 20-MCQ (2013). Canon 18
Armin, holding a transfer certificate of title to a lot
in downtown Calamba in the name of Bobby,
shows you the title and claims that Bobby sold him
the lot. He then asks you to draft a deed of sale
covering the transaction. In reply to your query on
where Bobby is, Armin explains that Bobby is
currently out of the country but he (Armin) has his
general power of attorney which he also shows to
you. The power of attorney empowers Armin to do
everything that Bobby can do with the Calamba
lot, but you note that it does not specifically
authorize Armin to sell the property. Armin also
assures you that he wants the deed of sale drafted
so he can send it to Bobby for his signature even
while overseas.
How will you act under the given circumstances?
(1%)
Answer:
(A) Agree to draft the deed of sale, subject
to your usual 10%commission.
(B) Refuse to draft the deed of sale, as
Armin has not presented a special power of
attorney that would support the deed that
he is asking you to prepare.
(C) Refuse to draft the deed of sale, as
Bobby is not present to sign the deed of
sale and verify that he is indeed selling his
lot to Armin.
(D) Agree to draft the deed of sale, since it
is only a draft that Bobby still has to
consider and sign.
(E) Refuse to have anything to do with
Armins request because it is a potentially
problematic situation given the price of lots
in downtown Calamba.
SUGGESTED ANSWER:
(B) Refuse to draft the deed of sale, as Armin has
not presented a special power of attorney that
would support the deed that he is asking you to
prepare (Code of Professional Responsibility,
Canon 18).
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Question No. 16-MCQ (2013). Canon 15, 10.
Privileged Communication Rule
ABLE Law Office has a retainer agreement with
Santino, a businessman with shady connections,
who has recently been charged with laundering
money for an illegal drugs syndicate using Cable
Co., Santinos holding company. The lawyers of
ABLE Law Office assigned to handle Santinos
account have been impleaded as co-defendants for
incorporating and actively handling the affairs of
Cable Co.
In its bid to strengthen its case against the
defendants, the prosecution approached you (as
the least guilty defendant who would qualify for a
discharge as a state witness) and offers to make
you a state witness.
Can you accept, within the bounds of professional
ethics, the prosecutions offer? (1%)
Answer:
(A) No, as Santinos lawyer you are duty-
bound to protect his interests, ably
represent him in court, and not turn against
him.
(B) Yes, as an officer of the court, you have
the duty to disclose to the court
information crucial to the case.
(C) No, the information you acquired
involving the criminal case against Santino
is covered by the privileged
communications rule.
(D) Yes, a lawyer may testify against his
client provided he first severs the lawyer-
client relationship.
(E) Yes, the law of self-preservation is akin
to the law of self-defense and stands higher
than any obligation you may have with your
client.
SUGGESTED ANSWER:
(C) No, the information you acquired involving the
criminal case against Santino is covered by the
privileged communications rule (Code of
Professional Responsibility, Canon 15, Rule 15.02);
(Privileged Communication Rule).
Or
(B) Yes, as an officer of the court, you have the
duty to disclose to the court information crucial to
the case (Code of Professional Responsibility,
Canon 10, Rule 10.01).
Question No. 2 (2014) CPR
21
R is retained the counsel of ABC Bank
Ermita Branch. One day, his Balikbayan compadre B,
consulted him about his unclaimed deposits with
the said branch of ABC Bank, which the Bank had
refused to give to him claiming that the account had
become dormant. R agreed to file a case against the
bank with the Regional Trial Court (RTC) of Manila,
B lost the case, but upon the advice of R, he no
longer appealed the the decision. B later discovered
that R was retained counsel of ABC Bank- Ermita
Branch. Does B have any remedy? Discuss the legal
and ethical implications of the problem. (4%)
SUGGESTED ANSWER:
Atty. R clearly violated the rule against
representing the conflicting interest (Rule 15.03,
Code of Professional Responsibility). B may file an
action to set aside the judgment on the theory that
if the lawyer is disqualified from appearing as
counsel for a party on account of conflict of
interests, he is presumed to have improperly and
prejudicially advised and represented the party in
the conduct of the litigation from the beginning to
the end. He may also file an action for damages
against Atty. R, aside from an administrative
complaint due to his misconduct. He was
prejudiced by the adverse decision against him,
which he no longer appealed upon the advice of
Atty. R.
Question No. 4 (2014) CPR
A is the accused of robbery in a complaint
filed by B. A sought free legal assistance from the
Public Attorneys Office (PAO) and Atty. C was
assigned to handle his case. After reviewing the
facts as stated in the complaint as narrated by A,
Atty. C is convinced that A is guilty. (4%)
(A) May Atty. C refuse to handle the defense of A and
asked to be relieved ? Explain Fully.
(B) In the problem (A), if the lawyer is counsel de parte
for the accused and he learns later after accepting
the case and while trial is ongoing that his client
was indeed the perpetrator of the crime, may the
lawyer withdraw his appearance from the case?
Why or why not ?
SUGGESTED ANSWER :
 Compiled by BSU-Law, 3rd Year students SY 2015-16
(A) RULE 14.01 of the Code of Professional
Responsibility that a lawyer shall not decline to
represent a person solely in the account of his own
opinion regarding the guilt of the said person. It is
not the duty of the lawyer to determine whether
the accused is guilty or not, but the judges.
Besides in a criminal case, the accused is presumed
innocent, and he is entitled to an acquittal unless
his guilt is proven beyond reasonable doubt. The
role of the lawyer is to see to it that his
constitutional right to due process is observed.
He may withdraw his appearance but in
accordance with the procedure in Section 26, Rule
138 of the Rules of Court. Moreover, Rule 19.02 of
the Code of Professional Responsibility provides
that a lawyer who has received information that
his client has, that in the course of representation,
perpetuated a fraud upon a person or tribunal,
shall promptly call upon the client to rectify the
same, and failing which, he shall terminate the
relationship which such client in accordance with
the Rules of Court.
Question No. 7 (2014) Canon No. 9
C and D are the law partners using the firm
name C and D Attorneys-at-Law. In an
administrative case filed against C, the Supreme
Court (SC) find out that C is not entitled to
admission to the practice of law in the Philippines
and ordered his name stricken- off from the rolls of
Attorneys. As a result, C and D changed their firm
name to Law Office of D, while D is the practitioner.
Are C and D liable for contempt of court? Explain
your answer. (5%)
SUGGESTED ANSWER :
In adopting the firm name of Law Office
of D-Attorney at Law, C- Counsellor, C and D
violated the following provisions of the Code of
Professional Responsibility:
Rule 3.02 In the choice of a firm name,
no false, misleading or assumed name shall be
used. Including the name D in the firm name,
even though he is referred to as a Counsellor,
the impression is given that he can practice law
22
Canon No. 9 A lawyer shall not, directly
or indirectly, assist the unauthorized practice of
law.
Attorney D may be suspended for such
conduct. C, being a non-lawyer, may be held liable
for indirect contempt of court.
Question No. 10 (2014) Canon 4
Atty. M is a partner in a law firm OMP & Associates.
C, a former classmate of Atty. M engaged the legal
services of Atty. M to handle his appeal to the Court
of Appeals (CA) from the adverse decision of the
Regional Trial Court (RTC) in his annulment case.
After the Notice to file brief was issued by the CA,
Atty. M met an accident which incapacitated him
from further engaging in law practice. May Atty. P,
his partner in the law firm, file the required appeal
brief for C? Explain your answer. (5%)
SUGGESTED ANSWER:
It depends whether or not C knew Atty. M
to be a partner of the OMP & Associates kaw firm
when he hired him. Generally, the retainer of a
member of a law firm is equivalent to the retainer
of the firm itself. Thus, if the said member dealt
with dies or is incapacitated to render service, the
law firm is bound to provide a substitute. Hence,
Atty. P may file the required brief for C.
On the other hand, if Atty. M was retained
alone, without knowledge that he belonged to a
law firm, P may not file the required brief for C
without the consent of the latter. There is no
statement in the problem that C knew M to be a
member of the law firm OMP & Associates at the
time that C engaged his services.
Question No. 15 (2014) Canon No. 9 of the Code of
Professional Responsibility
M engaged the services of Atty. D to prosecute his
annulment of marriage case in the Regional Trial
Court (RTC). After a long-drawn trial, Atty. D was
able to secure a favorable judgment from the court.
Unfortunately, M failed to pay in full the stipulated
attorneys fees of Atty. D. How can Atty. D collect
his fees from M? Discuss fully.
SUGGESTED ANSWER:
 Compiled by BSU-Law, 3rd Year students SY 2015-16
HE can collect his fees either by filing a
motion in the annulment of marriage case that he
handled, and to order M to pay the same, or he
can file a separate action for the recovery of his
attorneys fees. Of the two, the first is preferable
because the judge in the annulment case will be in
a better position to evaluate the amount and value
of his services. In the meantime, he may avail of
the retaining lien, which is to retain the moneys
and properties of M in his possession until he is
paid for his services, or a charging lien, which is to
charge any money judgment in the case for the
payment of his fees.Will a lawyer violate the Code
of Professional Responsibility if he forms a
partnership with professionals of other disciplines
like doctors, engineers, architects or accountants?
Explain your answer.
SUGGESTED ANSWER:
He may form a partnership with other
professionals as long as it is not for the practice of
law. Canon No. 9 of the Code of Professional
Responsibility (CPR) provides that a lawyer shall
not directly or indirectly assist in the unauthorized
practice of law. Paragraph 3 of Canon 33 of the
Code of Professional Ethics which is suppletory to
the CPR, expressly provides that partnership
between lawyers and members of other
professions or non-professional persons should
not be formed or permitted where any part of the
partnerships employment consists of the practice
of law.
Question No. 21 (2014) Code of Professional
Responsibility
(4%)
(A) May a client hire additional counsel as
collaborating counsel
over and above the objection of the original
counsel?
(B) If the client insists, may the original counsel
withdraw from the
case, and how?
SUGGESTED ANSWER:
(A) Yes, the client is entitled to have as many lawyers
as he can afford. Professional courtesy, however,
demands that a lawyer retained as a collaborating
counsel should at least communicate with the
original counsel before entering his appearance.
On the part of the original counsel , he should not
look at the employment of a collaborating counsel
as a loss of confidence in him.
(B) If the client insists on retaining a collaborating
counsel over and above the objection of the
original counsel, the latter may withdraw his
services when his inability to work with co-counsel
will not redound to the best interest of the client
(Rule 22.01, Code of Professional Responsibility).
Question No. 24 (2014) Code of Professional
Responsibility
(A) May an attorney talk to his witnesses before
and during the
trial? Explain.
(B) In case of postponement of the trial, whose
decision should
prevail the client or his attorney?
Explain the governing rule. (4%)
SUGGESTED ANSWER:
(A) He may talk to his witness before the trial, but he
shall refrain from talking to his witness during a
break or recess in the trial, while the witness is still
under examination (Rule 12.05, Code of
Professional Responsibility).
(B) On the matter of the postponement of the trial,
the lawyers decision should prevail. Rule 19.03
Code of Professional Responsibility provides that
a lawyer shall not allow his client to dictate the
procedure in handling the case, Sec. 23, Rule 138
of the Rules of Court provides that lawyers have
the full authority to bind their clients in all matters
of ordinary judicial procedure.
Question No. 11 (2012) canon 11.02
RTC Judge Bell was so infuriated by the conduct of
Atty. X who conveniently absents himself when his
clients do not pay his appearance fee in advance.
Atty. X also uses disrespectful and obscene
language in his pleadings . . At one point, when his
case was called for hearing, Atty. X did not appear
for his client although he was just outside the door
of the court room. Judge Bell directed the client to
summon Atty. X, but the latter refused. Judge Bell
then issued an Order directing Atty. X to explain
why no disciplinary action shall be imposed on him
for this misconduct but he refused the directive.
Decide.
a. RTC Judge Bell can suspend Atty. X from the
practice of law before his sala.
23
 Compiled by BSU-Law, 3rd Year students SY 2015-16
b. The case of Atty. X can be dismissed due to
non-appearance of counsel even though the party
was present.
c. The hearing of the case should be
rescheduled in the interest of justice.
d. The court can admonish the client for the
unprofessional conduct of his lawyer and ask him
to change his lawyer.
Bonus ( options A not part of the penalties;
options b, c, and d are unresponsive to the
question)
Question No. 18 (2012) CPR- canon 1, rule 1.03:
lawyer may be disciplined in his professional and
private capacity
Atty. Utang borrowed from Y Php 300,000.00
secured by a post dated check. When presented,
the check was dishonored. Y filed a BP 22 case in
court, and a disbarment complaint with the IBP. In
the latter case, Atty. Utang moved for dismissal as
the act has nothing to do with his being. a lawyer
and that it is premature because the case is pending
and he is entitled to presumption of innocence.
Should the disbarment complaint be dismissed?
a. No, because lawyers may be
disciplined for all acts, whether
professional or private.
b. Yes, there is no conviction yet.
c. Yes, BP 22 does not involve moral
turpitude.
d. No, unless he pays the amount of
the check to the satisfaction of Y.
CODE OF JUDICIAL CONDUCT
Question No. 5 (2007). Canon 2 of the Code of
Judicial Conduct (10%)
24
During the hearing of an election protest filed by
his brother, Judge E sat in the area reserved for the
public, not beside his brother's lawyer. Judge E's
brother won the election protest. Y, the defeated
candidate for mayor, filed an administrative case
against Judge E for employing influence and
pressure on the judge who heard and decided the
election protest.
Judge E explained that the main reasons why he
was there in the courtroom were because he
wanted to observe how election protest are
conducted as he has never conducted one and
because he wanted to give moral support to his
brother.
Did Judge E commit an act of impropriety as a
member of the judiciary? Explain?
Suggested Answer:
Judge E committed an act of impropriety by
appearing in another court at the hearing of his
brothers election protest. In the case of Vidal v.
Dojillo, Jr., A.M. No. MTJ-05-1591, July 14, 2005,
which involved the same facts, the Supreme Court
held as follows:
Canon 2 of the Code of Judicial Conduct requires a
judge to avoid not only impropriety but also the
mere appearance of impropriety in all activities.
Even if respondent did not intend to use his position
as a judge to influence the outcome of his brothers
election protest, it cannot be denied that his
presence in the courtroom during the hearing of his
brothers case would immediately give cause for the
community to suspect that his being a colleague in
the judiciary would influence the judge trying the
case to favor his brother.
Question No. 6. Canon 1 of the Code of Judicial
Conduct ( 10%)
a. A and B are accused of Estafa by C, the
wife of Regional Trial Court Judge D. Judge
D testified as a witness for the prosecution
in the Estafa case. Did Judge D commit an
act of impropriety? Give reasons for your
answer. (5%)
Suggested Answer:
If Judge D is a material witness to the offense being
prosecuted, he should testify and his action cannot
be considered improper. However, if his testimony
can be dispensed with, being corroborative in
nature, Judge D should refrain from testifying as it
may be viewed as a subtle attempt to influence the
outcome of the case. He should refrain from
influencing in any manner the outcome of litigation
 Compiled by BSU-Law, 3rd Year students SY 2015-16
or dispute pending before another court or agency.
(Canon 1.03, New Code of Judicial Conduct)
b. What qualities should an ideal judge
possess under the New Code of Judicial
Conduct for the Philippine Judiciary? (5%)
Suggested Answer:
Qualities of an ideal judge under the New Code of
Judicial Conduct are:
1. Independence (Canon 1);
2. Integrity (Canon 2);
3. Impartiality (Canon 3);
4. Propriety (Canon 4); and
5. Competence and Diligence (Canon 5)
Question No. 1 (2009). NEW CODE OF JUDICIAL
CONDUCT) Admin Matter No. 03-05-01-SC
True or False. The Bangalore Draft, approved at a
Roundtable meeting of Chief Justices held at The
Hague, is now the New Code of Judicial Conduct in
the Philippines (True or False, explain)
Answer:
True. The Bangolore Draft was adopted by the
Philippine Supreme Court through admin matter
No. 03-05-01-SC and which took effect on June 1,
2004.
Question No. 11. (2009).) Rule 3.12 of the Code of
Judicial Conduct
In a case for homicide filed before the Regional
Trial Court( RTC), Presiding judge Quintero issued
an order for an arrest of the accused, granted a
motion for the reduction of bail, and set the date
for the arraignment of= the accused.
Subsequently, Judge Quintero inhibited himself
from the case, alleging that even before the case
was raffled to his court, he already had personal
knowledge of the circumstances surrounding the
case. Is Judge Quinteros inhibition justified?
Explain.
Answer:
YES. Rule 3.12 of the CJC Expressly provides that
judges should take no part in the proceeding where
the judges impartially might be reasonably
questioned which includes among other, having
personal knowledge of disputed evidentiary facts
concerning the proceeding.
Question No. 11 (2010)
25
On the proposal of Judge G, which was accepted,
he and his family donated a lot to the city of Gyoza
on the condition that a public transport terminal
would be constructed thereon. The donation was
accepted and the condition was complied with.
The family-owned tracts of land in the vicinity of
the donated lot suddenly appreciated in value and
became commercially viable as in fact a restaurant
and a hotel were soon after built.
Did the Judge commit any violation of the Code of
Judicial Conduct? (2%)
SUGGESTED ANSWER:
NO. There is no clear showing that the Judge
violated any of the provisions of the CJC. There is no
prohibition on donating properties, especially if the
same is to serve public purpose or welfare.
There is no clear showing or evidence that the
increase in value of their adjacent properly
motivated or was made a precondition of the
donation. As such, no malice or corrupt intent
amounting to misconduct or corruption can be
directly imputed to the Judge.
Question No. 15-B (2010). Rule 2.03
Rico, an amiable, sociable lawyer, owns a share in
Marina Golf Club, easily one of the more posh golf
courses. He relishes hosting parties for
government officials and members of the bench.
One day, he had a chance meeting with a judge in
the Intramuros golf course. The two readily got
along well and had once been regularly playing
golf together at the marina Golf Club.
b. How about the members of the bench who
grace the parties of Rico, are they violating the
Code of Judicial Conduct? Explain. (3%)
SUGGESTED ANSWER:
YES. Canon 2 enjoins judges to avoid impropriety
and the appearance of impropriety in all activities.
Canon 1 states that judges should be the
embodiment of competence, integrity and
independence, of which integrity includes
impartiality.
Rule 2.03 of Canon 2- A judge shall not allow family,
social or other relationships to influence judicial
conduct or judgment. The prestige of judicial office
shall not be used or lent to advance the private
interests of others nor convey the impression that
they are in a special position to influence the judge.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Case law has it that the actuation of a judge
constantly eating and drinking in public places with
a lawyer who has cases pending in his or her sala,
public suspicion may be aroused, thus tending to
erode the trust litigants in the impartiality of the
judge.
Question No. 17-A (2010). Rule 3 & 4
Judge X was invited to be a guest speaker during
the annual convention of a private organization
which was covered by media. Since he was given
the liberty to speak on any topic, he discussed the
recent decision of the Supreme Court declaring
that the President is not, under the Constitution,
proscribed from appointing a Chief Justice within
two months before the election.
In his speech, the judge demurred to the Supreme
Court decision and even stressed that the decision
is a serious violation of the Constitution.
a. Did Judge X incur any administrative liability?
Explain. (3%)
SUGGESTED ANSWER:
NO. Strictly construed, Judge X will not incur any
liability for making such a comment or speech
which is an expression of an opinion to a case
already decided upon by the SC. What is enjoined to
be abstained from is making comments on a
pending or impending case. (Rule 3.07, CJC)
Furthermore, Canon 4 allows Judges to engage in
activities to improve the law, the legal system and
the administration of justice.
ALTERNATIVE ANSWER:
YES. Openly criticizing the decision of the SC, by a
member of the bench does not speak well of the
judicial system, much less the administration of
justice in relation to the perception and confidence
of the people on the people who run the system.
Unity and stability within the judiciary is essential to
the integrity of the judicial system as a whole.
Depending on the extent of the criticism and the
language used, he may thus be administratively
liable for simple misconduct. A judge should so
behave at all times as to promote public confidence
in the integrity and impartiality of the judiciary.
Question No. 12 (2010). Rule 3.12.
Rebeccas complaint was raffled to the sala of
Judge A. Rebecca is a daughter of Judge A.s wife
by a previous marriage. This is known to the
26
defendant who does not, however, file a motion to
inhibit the Judge.
Is the Judge justified in not inhibiting himself from
the case? (3%)
SUGGESTED ANSWER:
No. The Judge is not justified in not inhibiting
himself since Rebecca is his step daughter and is
related to him by one degree of affinity.
The Code of Judicial Conduct expressly provides
that a judge should take no part in a proceeding
where the judges impartiality might reasonably be
questioned. These cases include among others,
proceedings where: the judge is related by
consanguinity or affinity to a party litigant within
the sixth degree or to counsel within the fourth
degree.
Question No. 16 (2010). Rule 5.10.
Judge L is assigned in Turtle Province. His brother
ran for Governor in Rabbit Province. During the
election period this year, Judge L took a leave of
absence to help his brother conceptualize the
campaign strategy. He even contributed a modest
amount to the campaign kitty and hosted lunches
and dinners.
Did Judge L incur administrative and/or criminal
liability? Explain. (3%)
SUGGESTED ANSWER:
YES. Judge L can be said to be administratively liable
but not criminally liable.
Rule 5.10 of the Code of Judicial Conduct provides
that a Judge is entitled to entertain personal views
on political questions, but to avoid suspicion of
political partisanship a judge shall not make political
speeches, contribute to party funds, publicly
endorse candidates for political office or participate
in other partisan political activities.
The rule above does not make kinship an exemption
from compliance with the prohibition.
Question No. 6 (2011), Code of Judicial Conduct,
Rule 3.12
In a verified complaint, Kathy said that Judge
Florante decided a petition for correction of entry
involving the birth record of her grandson, Joshua,
who happened to be child of Judge Florante's
daughter, Pilita. Judge Florante insisted that he
committed no wrong since the proceeding was
 Compiled by BSU-Law, 3rd Year students SY 2015-16
non-adversarial and since it merely sought to
correct an erroneous entry in the childs birth
certificate. Is Judge Florante liable?
Answer:
(A) Yes, because Florante breached the
rule on mandatory disqualification.
(B) No, because Judge Florante has no
pecuniary interest in the proceeding.
(C) No, because it is true the proceeding
was non-adversarial so it prejudiced no one.
(D) Yes, since the correction in the childs
record affects the details of birth of the
child.
Question No. 13 (2011) Code of Judicial Conduct,
On appeal, RTC Judge Rudy affirmed the MTCs
conviction of Lorna for violation of the bouncing
checks law and awarded Agnes, the complainant,
Php1.6 million in damages. Two years later, upon
Lornas motion and after ascertaining that her
counsel never received the court's decision, Judge
Rudy recalled the entry of judgment in the case,
reversed himself, and absolved Lorna of guilt.
Claiming an unjust judgment, Agnes filed an
administrative complained against Judge Rudy,
saying that it is plain from the circumstances that
he connived with Lorna, her counsel, and the
handling prosecutor. But she offered no further
evidence. Rudy denied the charges and asserted
that any error in his judgment is correctible only by
an appeal, not by an administrative suit. Should
Judge Rudy be disciplined?
Answer:
(A) No, because Agnes' complaint is merely
based on suspicions and speculations.
(B) No, because Agnes has yet to establish
that Rudy's decision is plainly erroneous.
(C) Yes, because he gravely abused his
discretion in recalling the entry of
judgment.
(D) Yes, because reconsidering the
judgment of conviction that the MTC and he
earlier issued shows anomaly in Judge
Rudy's action.
Question No. 18 (2011), Code of Judicial Conduct,
Judge Cristina has many law-related activities. She
teaches law and delivers lectures on law. Some in
the government consult her on their legal
problems. She also serves as director of a stock
corporation devoted to penal reform, where she
participates in both fund raising and fund
27
management. Which of the following statements
applies to her case?
Answer:
(A) She should not engage in fund raising
activities.
(B) Her activities are acceptable except the
part where she is involved in fund
management.
(C) She can teach law and deliver lectures
on law but not do the other things.
(D) All of her activities are legal.
2011, Question (19) Code of Judicial Conduct,
One of the foundation principles of the Bangalore
Draft of the Code of Judicial Conduct is the
importance in a modern democratic society of
Answer:
(A) a judicial system that caters to the
needs of the poor and the weak.
(B) public confidence in its judicial system
and in the moral authority and integrity of
its judiciary.
(C) the existence of independent and
impartial tribunals that have the support of
its government.
(D) judges who are learned in law and
jurisprudence.
Question No. 30 (2011), Code of Judicial Conduct,
Canon2
A Court Administrator's auditing team found that
Judge Ruby used business cards which stated, in
addition to her official title as presiding judge of
her court, that she is bar topnotcher, her law
schools "class valedictorian," and "one of the
most sought after private law practitioners" before
she joined the judiciary, all of which are true.
Asked to explain this seeming impropriety, Ruby
pointed out that business cards can include the
persons "title" which is broad enough to include
in her case her standing in the bar and all the
honors she earned. Did Ruby commit an
impropriety?
Answer:
(A) Yes, unless the cards were given to her
as a gift.
(B) No, because all she stated in her
business cards are true.
(C) Yes, because she showed a hunger for
publicity and recognition that debases her
judicial post.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
(D) No, because she is free to include in her
business cards details that say who she is.
Question No. 31 (2011), Code of Judicial Conduct
Serving as counsel de oficio, Atty. Mamerto
advised John of the consequences of his plea of
not guilty to the charge. Before trial could be held,
however, the presiding judge died. As it happened,
Atty. Mamerto was appointed judge and Johns
case was assigned to him by raffle. John quickly
moved for the judges disqualification. Is Judge
Mamerto under obligation to inhibit himself from
the case?
Answer:
(A) No, because his service to John was just
momentary.
(B) Yes, because his knowledge of Johns
case affects his judgment.
(C) No, because he was merely a counsel de
oficio.
(D) Yes, because he served as John's
counsel.
Question No. 36 (2011), Code of Judicial Conduct,
What unhealthy attitude of mind should a judge
avoid falling into?
Answer:
(A) Hearing and adjudicating cases is an
important job.
(B) Courts are made for litigants.
(C) Litigants are made for the courts.
(D) Courts should dispose of their cases on
time.
Question No. 48 (2011), Code of Judicial Conduct
After the prosecution cross-examined Shiela, a
witness for the accused, Judge Pedro asked her ten
additional questions that were so intense they
made her cry. One question forced Sheila to admit
that her mother was living with another man, a
fact that weighed on the case of the accused. This
prompted the latters counsel to move to expunge
the judges questions for building on the
prosecution's case. Judge Pedro denied the
motion, insisting that bolstering a partys case is
incidental to the courts desire to be clarified. Did
Pedro commit an impropriety?
Answer:
28
(A) No, his ten questions could not be
considered an undue intervention.
(B) No, because the judge is free to inquire
into any aspect of the case that would
clarify the evidence for him.
(C) Yes, because he effectively deprived
the defense of its right to due process
when he acted both as prosecutor and
judge.
(D) Yes, because nothing connects his desire
to be clarified with the questions he asked.
Question No. 49 (2011), Code of Judicial Conduct
Administrative penalties imposed on judges are
Answer:
(A) curative.
(B) punitive.
(C) corrective.
(D) both punitive and corrective.
Question No. 26 (2011), Code of Judicial Conduct
Administrative proceedings against Judges of all
courts and Justices of the Court of Appeals and the
Sandiganbayan shall be
Answer:
(A) private and confidential.
(B) public but subdued.
(C) private but transparent.
(D) public.
Question No. 6 (2013). Rules of Court, Code of
judicial conduct
An audit team from the Office of the Court
Administrator found that Judge Contaminada
committed serious infractions through the
indiscriminate grant of petitions for annulment of
marriage and legal separation. In one year, the
judge granted 300 of such petitions when the
average number of petitions of similar nature
granted by an individual judge in his region was
only 24 petitions per annum.
The audit revealed many different defects in the
granted petitions: many petitions had not been
verified; the required copies of some petitions
were not furnished to the Office of the Solicitor
General and the Office of the Provincial
Prosecutor; docket fees had not been fully paid;
the parties were not actual residents within the
territorial jurisdiction of the court; and, in some
 Compiled by BSU-Law, 3rd Year students SY 2015-16
cases, there was no record of the cross-
examinations conducted by the public prosecutor
or any documentary evidence marked and formally
offered. All these, viewed in their totality,
supported the improvident and indiscriminate
grant that the OCA found.
If you were the counsel for Andy Malasuerte and
other litigants whose marriages had been
improperly and finally annulled, discuss your
options in administratively proceeding against
Judge Contaminada, and state where and how you
would exercise these options. (8%)
SUGGESTED ANSWER:
As counsel for Andy Malasuerte, I have the option
of participating in the administrative proceedings by
filing a verified complaint in writing against Judge
Contaminado, with the Office of the Court
Administrator, supported by affidavits of persons
who have personal knowledge of the facts alleged
therein or by documents which may substantiate
said allegations. The complaint shall state clearly
and concisely the acts and omissions constituting
violations of standards of conduct prescribed for
judges by law, the Rules of Court, the Code of
Judicial Conduct (Rules of Court, Rule 140, Sec. 1)
and the new Code of Conduct for the Philippine
Judiciary.
(NOTES AND COMMENTS: The question clearly
refers to administratively proceeding against Judge
Contaminado. It is suggested that some credit
should be given if the examinee discusses the
options available for Andy Malasuerte to obtain
relief with regard to his improperly and finally
annulled marriage.)
Question No. 8 (2013).Code of Conduct for the
Philippine Judiciary
The criminal case arising from the P10-Billion Peso
pork barrel scandal was raffled to Sandiganbayan
Justice Marciano Cobarde. Afraid that he would
antagonize the parties, his political patrons and,
ultimately, his judicial career, he decided to inhibit
from participating in the case, giving "personal
reasons" as his justification.
If you were to question the inhibition of SB Justice
Cobarde, on what legal basis, and where and how
will you do this? (8%).
SUGGESTED ANSWER:
The grounds relied upon by Justice Cobarde for his
inhibition conveys the impression that the partis
and his political patrons are in a special position
improperly to influence him in the performance of
his judicial duties (New Code of Conduct for the
29
Philippine Judiciary, Canon 4, Sec. 8). Furthermore,
the Sandiganbayan sits in Divisions, so the fears of
Justice Cobarde are unfounded. Justice Cobarde
should not shirk from the performance of his
judicial duties.
I would file a motion with the Division of the
Sandiganbayan in which Justice Cobarde is sitting
for the remittal of his voluntary inhibition. I would
advance in motion the reasons why the personal
reasons set forth by the Justice are insubstantial
and does not merit his inhibition. I would likewise
set the motion for hearing as appropriate.
(NOTES: The decision of Justice Cobarde to inhibit
himself on account of personal reasons is not
conclusive and his competency may be determined
on an application for mandamus to compel him to
act (Palang v. Zosa, G.R. No. L-38229, August 30,
1974).
The voluntary inhibition of Justice Cobarde is not
subject to mandamus because voluntary inhibition
involves his exercise of discretion (Gutang, et al v.
Court of Appeals, et al, G.R. No. 124760, July 8,
1998).
Question No. 9 (2014) New Code of Conduct for
the Philippine Judiciary
Judge A accepted a gift consisting of
assorted canned goods and other grocery items
from his compadre whose friend has a pending case
with him. He accepted the gift just so as not to
embarrass his compadre. When his compadre left
his chambers, he asked his secretary to donate the
gift he received to the victims of Typhoon Yolanda.
Did the Judge cross the ethical line? Explain
your answer.
SUGGESTED ANSWER:
In accepting a gift from his compadre,
which he must have suspected was connected with
the case of his compadres friend, because he
accepted just in order not to embarrass his
compadre, Judge A violated Section 13, Canon 4 of
the New Code of Conduct for the Philippine
Judiciary provides that:
Judges and members of their families
shall neither ask for, nor accept, any gift, bequest,
loan or favor in relation to anything done or to be
 Compiled by BSU-Law, 3rd Year students SY 2015-16

done or omitted to be done by him or her in SUGGESTED ANSWER:

connection with the performance of judicial duties
(A) Yes, Judge D acted improperly. Sec. 4, Canon 3 of
the New Code of Judicial Conduct for the
Question No. 17 (2014) Canon 3 of the New Code
Philippine Judiciary provides that judges shall not
of Judicial Conduct
knowingly, while a proceeding is before or could
Judge Clint Braso is hearing a case between Mr. come before them, make any comment that might
Timothy and Khristopher Company, a company be reasonably expected to affect the outcome of
where his wife used to work as one of its Junior such proceeding or impair the manifest fairness of
Executives for several years. Doubting the the process. Nor shall judges make any comment
impartiality of the Judge, Mr. Timothy filed a in public or otherwise that might affect the fair
motion to inhibit Judge Clint Braso. Judge Clint trial of any person or issue. In the case of Castillo
Braso refused on the ground that his wife has long v. Juan, 62 SCRA 124, a judge spoke to the
resigned from the company. Decide complainants in two rape cases in his chamber
before trial, and advised them to settle their cases
with the accused because their evidence was
weak. The Supreme Court found the conduct of
the judge to be violative of duty of impartiality.
SUGGESTED ANSWER: The court stated that the judge should avoid any
conduct that casts doubt on his impartiality. It is
The fact that Judge Brasos wife used to not merely a matter of judicial ethics. It is
work for KhristopherCompany is not a mandatory impressed with constitutional significance.
ground for his inhibition. However, Section 2, (B) Bs lawyer could move for the disqualification or
Canon 3 of the New Code of Judicial Conduct for
inhibition of the judge, and if he refuses to inhibit,
the Philippine Judiciary provides that judges
his refusal can be raised to a higher court by
should disqualify themselves from participating in
certiorari.
any proceeding in which it may appear to a
reasonable observer that they are unable to decide
the matter in partially. The Supreme Court has
advised that a judge should exercise his decision
in a way that the peoples faith in the courts of
justice is not impaired (Pimentel v. Salanga, [21
SCRA 160, Sept. 18, 1957]). While it may not be
reasonable to believe that Judge Braso cannot be
impartial because his wife used to work as a Junior
Executive of Khristopher Company, the better part
of prudence would dictate that he inhibit himself
from the case involving the said company.

Question No.19 (2014) Canon 3 of the New Code of

Judicial Conduct

After the pre-trial of a civil case for replevin, Judge

D advised Bs counsel to settle the case because
according to Judge D, his initial assessment of the
case shows that Bs evidence is weak.

(A) Did Judge D commit an act of impropriety?

Explain.

(B) What remedy or remedies may be taken by Bs

lawyer against Judge D? Discuss fully.

30
 Compiled by BSU-Law, 3rd Year students SY 2015-16
NOTARIAL LAW
Question No. 7. (2007) Rules on Notarial Practice
(10%)
a. What evidence of identity does the 2004
Rules on Notarial Practice require before a
notary public can officially affix his notarial
seal on and sign a document presented by
an individual whom the notary public does
not personally know? (5%)
Suggested Answer:
Section 12, Rule II of the 2004 Rules on Notarial
Practice defined competent evidence of identity as
referring to any of the following identification of an
individual:
1. at least one current identification document
issued by an official agency bearing the
photograph and signature of the individual;
or
2. the oath or affirmation of one credible
witness not privy to the instrument,
document or transaction who is personally
known to the notary public and who
personally knows the individual, or of two
credible witnesses neither of whom is privy
to the instrument, document or transaction
who each personally knows the individual
and shows to the notary public
documentary identification.
b. When can Judges of the Municipal Trial
Courts (MTC) and Municipal Circuit Trial
Courts (MCTC) perform the function of
notaries public ex officio, even if the
notarization of the documents are not in
connection with the exercise of their
official function and duties? (5%)
Suggested Answer:
MTC and MCTC judges assigned to municipalities or
circuits with no lawyers or notaries public may, in
the capacity as notaries public ex-officio, perform
any act within the competency of a regular notary
public, provided that: (1) all notarial fees charged
be made for the account of the Government and
turned over to the municipal treasurer (Tabao v.
Asis, A.M. No. RTJ-95-1330, January 30, 1996;
Lapena, Jr. v. Marcos, A.M. No. 1969-MJ, June 29,
1982); and (2) certification be made in the notarized
documents attesting to the lack of any lawyer or
notary public in such municipality or circuit.
(Doughlas v. Lopez, Jr., A.M. No. MTJ-96-1076,
February 9, 2000; Gravela v. Villanueva, A.M. No.
02-1414-MTJ, January 28, 2003)
31
Question No. 9 (2009) A.M. No. 02-8-13-SC Rule
IVPowers & Limitations of Notaries Public,
Section 3
A notary public is disqualified from performing a
notarial act when the party to the document isa
relative by affinity within the 4th civil degree. (True
or False)
Answer:
True. Under Sec. 3 Rule IV of the 2004 Rules of
Notarial Practice notary public is disqualified from
preforming a notarial act if he is a spouse, common-
law partner, ancestor, descendant, or relative by
affinity or consanguinity of the principal within
fourth civil degree.
Question No. 14 (2009). Section 2, Rule IV of the
2004 Rules on Notarial Practice
Atty. Sabungero obtained a notarial commission.
On Sunday, while he was at the cockpit, a person
approached him with an affidavit that needed to
notarize. Atty. Sabungero immediately pulled out
from his pocket his small notarial seal, and
notarized the document. Was the affidavit validly
notarized? Explain.
Answer:
NO. The affidavit was not validly notarized in
accordance with the Rules on Notarial Practice. The
rules provide that a notary public shall not perform
a notarial act outside his regular place of work or
business. A cockpit is clearly not a notary publics
regular place of business.
Atty. Sabungeros notarization of the affidavit is not
valid. Furthermore, the facts in the case at bar is not
one of the exceptional occasions or situations
where a notarial act may be performed outside the
notary publics office and territorial jurisdiction.
Question No. 2 (2011)
The acknowledgment appearing in a deed of sale
reads: "Before me personally appeared this 30
August 2010 Milagros A. Ramirez, who proved her
identity to me through witnesses: 1. Rosauro S.
Balana, Passport UU123456; 1-5-2010/ Baguio City;
and 2. Elvira N. Buela, Passport VV200345; 1-17-
2009/ Manila. "Both witnesses, of legal ages,
under oath declare that: Milagros A. Ramirez is
personally known to them; she is the same seller in
the foregoing deed of sale; she does not have any
current identification document nor can she obtain
one within a reasonable time; and they are not
 Compiled by BSU-Law, 3rd Year students SY 2015-16
privy to or are interested in the deed he signed."
What is the status of such a notarial
acknowledgment?
Answer:
(A) Questionable since the notary public is
not shown to personally know the principal
party.
(B) Ineffective since it included parties not
privy to the deed.
(C) Invalid since the evidence of identity is
non-compliant with the notarial rules.
(D) Valid since it is a manner of
establishing the identity of the person
executing the document.
Question No. 8 (2011), Notarial law
Raul sought Ely's disbarment for notarizing a deed
of sale knowing that four of the sellers were dead.
Ely admitted that he notarized the deed of sale but
only after his client assured him that the
signatures of the others were authentic. Later,
Raul moved to have the complaint against him
dismissed on the ground that it was filed because
of a misunderstanding which had already been
clarified. This prompted the IBP to recommend the
dismissal of the complaint. Can the dismissal be
allowed?
Answer:
(A) No, unless the complainant executes an
affidavit of desistance.
(B) Yes, since no compelling reason
remained to continue with it.
(C) Yes, but recall Ely's notarial commission
since the charge against him seems
meritorious.
(D) No, given Elys admission that he
notarized the document when some
signatories were absent.
Question No. 9(2011), Notarial law
When will Atty. Antonio's notarial commission
expire if he applied for and was given such
commission on 12 November 2010?
Answer:
(A) 31 December 2012
(B) 31 December 2011
(C) 11 November 2011
(D) 11 November 2012
32
Question No. 11 (2011) Notarial law
Which of the following will subject Atty. Lyndon, a
Manila notary public, to sanctions under the
notarial rules?
Answer:
(A) Notarizing a verification and certification
against forum shopping in Manila Hotel at
the request of his Senator-client.
(B) Refusing to notarize an extra-judicial
settlement deed after noting that Ambo, a
friend, was delisted as heir when he was in
fact one.
(C) Performing signature witnessing
involving his brother-in-law and recording
it in his register.
(D) Notarizing a deed of sale for someone
he knew without requiring any proof of
identity.
Question No. 32 (2011), Notarial law
Myra asked Atty. Elma to notarize her deed of sale.
When Elma asked for Myra's competent evidence
of identity, she explained that she does not have
any current identification document nor could she
get one soon. Instead, she presented her friend,
Alex, who showed Atty. Elma his drivers license
and confirmed her Myras identity. Is Alexs
identification of Myra valid?
Answer:
(A) Yes, provided Alex states in the deed of
sale that he knew Myra personally.
(B) No, Myra needs to produce a valid
identification document of herself.
(C) No, since Alex is not himself a party to
the document.
(D) Yes, since Alex had a valid identification
document.
Question No. 1-MCQ (2013). A.M. No. 02-8-13 SC
Rule 2 Sec. 12
Under the 2004 Rules of Notarial Practice, what
may be used to satisfy the requirement of
competent evidence of identity? (1%)
Answer:
(A) Passport, Senior Citizen card, HMO card.
(B) Police clearance, credit card,
Professional Regulatory Commission ID.
(C) Voters ID, NBI clearance, Drivers
license.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
(D) Ombudsmans clearance, private office
ID, PhilHealth card.
(E) All of the above.
SUGGESTED ANSWER:
(C) Voters ID, NBI clearance, Drivers license
(Notarial Act, Sec. 12).
Question No. 41 (2012) Notarial register
A notary public is required to record chronologically
the notarial acts that he performs in the:
a. Notarial Book;
b. Roll of Documents Notarized;
c. Notarial Register;
d. Notarial Loose Leafs Sheets
Question No. 42 (2012) Power of Notary Public
A party to a contract does not know how to write.
Neither can he affix his thumbmark because both
hands were amputated. How will that person
execute the contract?
a. Ask the party to affix a mark using
the toe of his foot in the presence
of the notary public and two (2)
disinterested and unaffected
witnesses to the instrument.
b. Ask the party to hold the pen with
his teeth and affix a + mark to be
followed by the signature of one
friend.
c. The party may ask the notary
public to sign in his behalf.
d. None of the above.
Question No. 43 (2012) entries in notarial registrar
The reports of a Notary Public are submitted to the:
a. Executive Judge;
b. Court Administrator;
c. Notarial Archives;
d. Clerk of Court.
Question No. 44 (2012) qualification of notary
public
Atty. Tony is a 25 year old Filipino lawyer. He has
been a resident in Paranaque City for about ten (1
0) years and holds office in his residence. He filed a
petition for appointment as Notary Public in
Paranaque and has clearance from the I BP and the
Bar Confidant. However, it appears that while still a
33
college student, he was convicted by a Laguna Court
for Reckless Imprudence Resulting in Damage to
Property. During the summary hearing of his
petition, the offended party therein strongly
objected on that ground. Can Atty. Tony be
appointed?
a. No, because he has a previous
criminal record.
b. No, because of the opposition.
c. Yes, the offense of Reckless
Imprudence does not involve
moral turpitude.
Yes, since the Reckless Imprudence case did not
happen in the jurisdiction where Atty. Tony is
applying
Question No. 745 (2012) Effect of absence of
competent evidence
What is the effect when the parties to a document
acknowledged before a notary public did not
present competent evidence of identity?
a. Voidable;
b. Valid;
c. Invalid Notarization;
d. Unenforceable.
Question No. 46 (2012) commissioning of notary
public
The petition for appointment as a notary public
should be filed with:
a. The Office of the Court
Administrator;
b. The Clerk of Court;
c. The MeTC Executive Judge;
d. The RTC Executive Judge.
Question No. 47 (2012) attorneys liens
What is a retaining lien?
a. The lawyer who handled the case
during the trial stage should
continue to be retained up to the
appeal.
b. The right of the lawyer to be
retained as counsel for a party
until the entire case is finished.
c. The right of a lawyer who is
discharged or withdrawn to keep
the records and property of the
 Compiled by BSU-Law, 3rd Year students SY 2015-16

client in his possession until his

lawful services have been paid.

The prerogative of a client's retainer to recover out-

of-pocket expenses.

34
 Compiled by BSU-Law, 3rd Year students SY 2015-16
MCLE
Question No. 1 (2011), MCLE
Atty. Mike started teaching Agrarian Reform and
Taxation in June 2001 at the Arts and Sciences
Department of the Far Eastern University. In 2005,
he moved to San Sebastian Institute of Law where
he taught Political Law. Is Atty. Mike exempt from
complying with the MCLE for the 4th compliance
period in April 2013?
Answer:
(A) No, since he has yet to complete the
required teaching experience to be
exempt.
(B) No, because he is not yet a bar reviewer.
(C) Yes, since by April 2013, he will have
been teaching law for more than 10 years.
(D) Yes, since he updated himself in law by
engaging in teaching.
Question No. 22 (2011), Notarial Law, MCLE
In what documented act will a notary publics
failure to affix the expiration date of his
commission warrant administrative sanction?
Answer:
(A) In the jurat of a secretary's certificate.
(B) In the will acknowledged before him.
(C) In the signature witnessing he
performed.
(D) In the document copy he certified.
Question No. 23 (2011) MCLE
Provincial Governors and Municipal Mayors who
are lawyers are MCLE exempt because
Answer:
(A) they handle cases of their constituents
for free.
(B) the Local Government Code prohibits
them from practicing their profession.
(C) they are rendering public service.
(D) As experts in local governance, it may be
assumed that they are updated on legal
developments.
Question No. 5. (2013). Mandatory Continuing
Legal Education, Rule 12
In order to comply with the MCLE requirements,
Atty. Ausente enrolled in a seminar given by an
MCLE provider. Whenever he has court or other
35
professional commitments, he would send his
messenger or a member of his legal staff to
register his attendance at the MCLE sessions so he
could be credited with the required qualifying
attendance. He would also ask them to secure the
printed handouts and the lecturers CDs, all of
which he studied in his free time.
Atty. Ausente should be __________. (1%)
Answer:
(A) required to make up for his absence by
attending lecture sessions in other MCLE
providers
(B) sanctioned because he circumvented or
evaded full compliance with the MCLE
requirements
(C) excused because he attended to
profession-related tasks, and fully studied
the courses through the materials and CDs
he secured
(D) penalized by forfeiting all his earned
MCLE units
(E) excused because attendance by proxy is
a widespread and tolerated MCLE practice
SUGGESTED ANSWER:
(B) sanctioned because he circumvented or evaded
full compliance with the MCLE requirements
(Mandatory Continuing Legal Education, Rule 12,
Section xx).
Question No. 27 (2011), MCLE
When does the initial MCLE compliance period of a
newly admitted member of the bar begin?
Answer:
(A) On the first day of the month of his
admission.
(B) On the tenth day of the month of his
admission.
(C) On the third year after his admission as
member.
(D) On the first year of the next succeeding
compliance period.
Question No. 1 (2012) MCLE Rule 7
Atty. Galing is a Bar topnotcher. He has been
teaching major subjects in a law school for eight
(8) years and has mastered the subjects he is
handling. Is he exempt from the MCLE
requirement?
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Answer:
a. No, eight (8) years experience is
not enough.
b. Yes, since he has mastered what
he is handling.
c. Yes, professors of law are
exempted.
d. No, since he is not yet a Bar
reviewer.
Question No. 2 (2012) MCLE Rule 7
Atty. Rey has been a professor in the Legal
Management Department of Y University for
thirty (30) years. He teaches Constitution,
Obligation and Contracts, Insurance, Introduction
to Law. Is he exempted from the MCLE
requirement?
a. Yes, because his teaching
experience is already more than
ten (10) years.
b. No, because he is not teaching in
the College of Law.
c. Yes, because of his field of
knowledge and experience.
d. No, because Y University is not
accredited.
Question No. 3 (2012) MCLE Rule 7
The term of Dean Rex of X College of Law expired
in the first year of the third compliance period.
Does his exemption extend to the full extent of
said compliance period?
a. No, he must comply with all the
unit requirements.
b. Yes, to the full extent.
c. No, but comply proportionately.
d. Yes, but he must apply for
exemption.
Question No. 4 (2012) MCLE Rule 7
What is the duration of MCLE Compliance Period?
a. Twelve (12) months;
b. Twenty four (24) months;
c. Thirty six (36) months;
d. Eighteen (18) months.
36
Question No. 5 (2012) MCLE Rule 7
When does compliance period begin?
a. When the lawyer actually begins
law practice;
b. Upon admission/readmission to
the Bar;
c. 01 October 2009;
d. 01 October 2006.
Does the MCLE requirement apply at once to a
newly-admitted lawyer?
a. Yes, if admitted to the Bar and
there are four (4) more months
remaining of the compliance
period.
b. No, wait for the next compliance
period.
c. Yes, if he will start law practice
immediately.
d. Yes, if more than one (1) year
remains of the compliance period.
What is the purpose of MCLE?
a. To conform with the requirements
of international law.
b. To provide a venue to improve
fraternal relations among lawyers.
c. To keep abreast with law and
jurisprudence and to maintain the
ethical standards of the
profession.
d. To supplement legal knowledge
due to substandard law schools.
Atty. Aga was appointed as Treasurer by the IBP
President with the approval of the Board of
Governors for a term coterminous with that of the
President. A year thereafter, Atty. Aga ran as
Barangay Chairman of their place, and took a leave
of absence for two (2) weeks to campaign. May
Atty. Aga re-assume as Treasurer after his leave of
absence?
a. Yes, since he lost in the election.
b. No, because he was deemed
resigned upon filing of his
certificate of candidacy.
c. Yes, because his position as
Treasurer is coterminous with the
President of the I BP.
d. No, because he should first seek
the approval of the IBP Board of
Governors before running as Brgy.
Chairman.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Atty. Magtanggol of the PAO was assigned to
defend X who is accused of Slight Physical Injury
before the MTC of a far-flung town. During the
trial, P02 Tulco appeared in court on behalf of the
complainant. Atty. Magtanggol objected to his
appearance since the policeman is not a member
of the Bar.
a. The objection is valid. It should be
the public prosecutor who should
prosecute the criminal action.
b. Atty. Magtanggol is just afraid that
his client may be convicted
through the efforts of a non-
lawyer.
c. In the courts of a municipality, a
party may conduct his litigation in
person or with the aid of an agent
or friend.
d. If a public prosecutor is not
available, at least a private
prosecutor who must be a lawyer
should be designated.
Bong Tupak, a second year law student, was charged
in the RTC for Forcible Abduction with Rape. Having
knowledge of criminal law and procedure, he
dismissed the counsel de oficio assigned and
appeared for himself. He asserted that there was lack
of force. Eventually, the RTC found him guilty of
Consented Abduction and imposed the penalty. Bong
Tupak now assails the decision, saying that there was
a violation of due process because he was allowed to
appear by himself and he did not know that
Consented Abduction is a crime. Decide.
a. An accused before the RTC may opt
to defend himself in person and he
cannot fault others for his decision.
b. The RTC should have appointed a
counsel de oficio to assist the
accused even if not sought or
requested by the accused.
c. There was violation of due process.
There is disparity between the
expertise of a public prosecutor and
the inexperience of a 2nd year law
student.
d. A 2nd year law student has sufficient
knowledge of criminal law and
procedure, hence, he is competent
to defend himself.
RTC Judge Bell was so infuriated by the conduct of
Atty. X who conveniently absents himself when
his clients do not pay his appearance fee in
advance. Atty. X also uses disrespectful and
obscene language in his pleadings . . At one point,
37
when his case was called for hearing, Atty. X did
not appear for his client although he was just
outside the door of the court room. Judge Bell
directed the client to summon Atty. X, but the
latter refused. Judge Bell then issued an Order
directing Atty. X to explain why no disciplinary
action shall be imposed on him for this
misconduct but he refused the directive. Decide.
a. RTC Judge Bell can suspend Atty. X
from the practice of law before his
sala.
b. The case of Atty. X can be dismissed
due to non-appearance of counsel
even though the party was present.
c. The hearing of the case should be
rescheduled in the interest of justice.
d. The court can admonish the client for
the unprofessional conduct of his
lawyer and ask him to change his
lawyer.
Question No. 30 (2014) MCLE
(A) Can a lawyer who lacks the number of units
required by the Mandatory Continuing Legal
Education (MCLE) Board continue to practice his
profession?
(B) May a lawyer be held liable for damages by his
client for the lawyers failure to file the necessary
pleadings to prosecute the clients case and as a
result of which the client suffered damages?
(C) Can a lawyer still practice his profession despite
having arrears in his Integrated Bar of the
Philippines (IBP) dues?
SUGGESTED ANSWER:
(A) He can, but they will be unable to comply with Bar
Matter No. 1922 which requires that every
pleading filed in court or a quasi-judicial body shall
contain an annotation of the number and date of
their MCLE compliance, otherwise, their pleadings
will be expunged and their cases dismissed. They
will also be listed as delinquent members of the
Integrated Bar of the Philippines, and the IBP
Board of Governors can recommend their
suspension or disbarment to the Supreme Court.
Until then, they can continue to practice law but
cannot file pleadings in court or quasi-judicial
bodies.
(B) Yes, he may be held liable, Rule 18.03 of the Code
of Professional Responsibility provides that a
lawyer shall not neglect a legal matter entrusted to
him, and his negligence in connection therewith
shall render him liable. But attorney-client
relationship, want of reasonable care and
 Compiled by BSU-Law, 3rd Year students SY 2015-16

diligence, and injury sustained by the client as the a. No, he must comply with all the unit
proximate result thereof, are the prerequisites to requirements.
the maintenance of an action for damages against b. Yes, to the full extent.
c. No, but comply proportionately.
a lawyer.
d. Yes, but he must apply for exemption.
(C) Sec. 10, Rule 139-A of the Rules of Court provides
that default in the payment of annual dues for six Question No. 4 (2012) Compliance period
months shall warrant suspension of members in
the Integrated Bar, and default in such payment What is the duration of MCLE Compliance Period?
for one year shall be a ground for the removal of
the name of delinquent member from the Roll of a. Twelve (12) months;
Attorneys. b. Twenty four (24) months;
c. Thirty six (36) months;
Hence, a lawyer who is in arrears in the payment d. Eighteen (18) months.
of his IBP dues may still practice his profession
until he is suspended and/or disbarred. Question No. 5 (2012) Compliance period

When does compliance period begin?

Question No. 1 (2012) Exemption from MCLE
requirement a. When the lawyer actually begins law
practice;
Atty. Galing is a Bar topnotcher. He has been b. Upon admission/readmission to the Bar;
teaching major subjects in a law school for eight (8) c. 01 October 2009;
years and has mastered the subjects he is handling. d. 01 October 2006.
Is he exempt from the MCLE requirement?
Bonus (A closer perusal of rule 3 of the MCLE rules
e. No, eight (8) years experience is not enough. would show that there is no accurate answer)
f. Yes, since he has mastered what he is handling.
g. Yes, professors of law are exempted. Question No. 6 (2012) Compliance period
h. No, since he is not yet a Bar reviewer.
Does the MCLE requirement apply at once to a newly-
admitted lawyer?

Question No. 2 (2012) Exemption from MCLE a. Yes, if admitted to the Bar and there are
requirement four (4) more months remaining of the compliance
period.
Atty. Rey has been a professor in the Legal b. No, wait for the next compliance period.
Management Department of Y University for thirty c. Yes, if he will start law practice
(30) years. He teaches Constitution, Obligation and immediately.
Contracts, Insurance, Introduction to Law. Is he d. Yes, if more than one (1) year remains of
exempted from the MCLE requirement? the compliance period.

a. Yes, because his teaching experience is already Question No. 7 (2012) MCLE Purpose
more than ten (10) years.
b. No, because he is not teaching in the College of What is the purpose of MCLE?
Law.
c. Yes, because of his field of knowledge and a. To conform with the requirements of
experience. international law.
d. No, because Y University is not accredited. b. To provide a venue to improve fraternal
relations among lawyers.
Question No. 3 (2012) Initial compliance period c. To keep abreast with law and jurisprudence
and to maintain the ethical standards of the
The term of Dean Rex of X College of Law expired in profession.
the first year of the third compliance period. Does
his exemption extend to the full extent of said To supplement legal knowledge due to substandard
compliance period? law schools

38
 Compiled by BSU-Law, 3rd Year students SY 2015-16
RULES OF COURT
Question No. 1 (2007), Lawyers Oath (10%)
What are the duties of an attorney?
Suggested Answers:
Per the Attorneys Oath:
1. To maintain allegiance to the Republic of
the Philippines;
2. To support its Constitution;
3. To obey the laws as well as the legal orders
of the duly constituted authorities therein;
4. To do no falsehood, nor consent to the
doing of any in court;
5. To avoid wittingly or unwittingly promoting
or suing any groundless, false or unlawful
suit, nor give aid or consent to the same;
6. To delay no man for money or malice;
7. To conduct himself as a lawyer according to
the bets of his knowledge and discretion
with all good fidelity well to the courts as to
his clients
Per Section 20, Rule 138 of the Rules of Court:
1. To maintain the allegiance to the Republic
of the Philippines;
2. To maintain the respect due to the courts of
justice and judicial officers;
3. To counsel or maintain such actions or
proceedings only as appear to him to be
just, and such defenses only as he believes
to be honestly debatable under the law;
4. To employ, for the purposes of maintaining
the causes confided to him, such means
only as are consistent with truth and honor,
and never seek to mislead the judge or any
judicial officer by an artifice or false
statement of fact or law;
5. To maintain inviolate the confidence, and at
every peril to himself, to preserve the
secret of his client, and to accept no
compensation in connection with his
clients business except from him with his
knowledge and approval;
6. To abstain from all offensive personality,
and to advance no fact prejudicial to the
honor or reputation of a party or witness,
unless required by the justice of the cause
with which he is charged;
7. Not to encourage either the
commencement or the continuance of an
action or proceeding, or delay any mans
cause from any corrupt motive or interest;
39
8. Never to reject, for any consideration
personal to himself, the cause of the
defenseless or oppressed;
9. In the defense of a person accused of crime,
by all fair and honorable means, regardless
of his personal opinion as to the guilt of the
accused, to present every defense that the
law permits, to the end that no person may
be deprived of life or liberty, but by due
process of law.
Per the Code of Professional Responsibility:
1. Duties to society in general to uphold
the Constitution, obey the laws of the
land and promote respect for the law
and legal processes;
2. Duties to the legal profession to
uphold the dignity and integrity of the
legal profession;
3. Duties to the court to be candid with
and promote respect for the courts and
judicial officers, and to assist the courts
in rendering speedy and efficient
justice; and
4. Duties to the client to observe candor,
fairness and loyalty to the client; hold
the clients money and property in
trust, serve the client with competence
and diligence, always mindful of the
trust and confidence reposed by the
client in him;
N.B. It should be sufficient that the answer contain
either the attorneys oath, the duties of an attorney
under Section 20, Rule 138 of the Rules of Court, or
the duties under the Code of Professional
Responsibility, as any of these provisions sufficiently
state the statutory basis of an attorneys duties.
Question No. 17 (2009) Section 17 of Rule 138 of
the Rules of Court
Write the complete text of the attorneys oath.
Answer:
I___________ of ___________ do solemnly
swear that I will maintain allegiance to the Republic
of the Philippines; I will support its Constitution and
obey laws as well as the legal orders of the duly
constituted authorities therein; I will do no
falsehood, nor consent to the doing of any court; I
will not wittingly nor willingly promote or sue any
groundless, false or unlawful suit, or give aid nor
consent to the same; I will delay no man for money
or malice, and will conduct myself as a lawyer
according to the best of my knowledge and
discretion with all good fidelity as well to the courts
as to my clients; and I impose upon myself this
 Compiled by BSU-Law, 3rd Year students SY 2015-16
voluntary obligations without any mental
reservation or purpose of evasion. So help me God.
Question No. 2-MCQ (2013).
The following are duties of a lawyer but only one
of these is expressly stated in the Lawyers Oath.
Choose the express duty that the Oath contains.
(1%)
Answer:
(A) To maintain a respectful attitude
towards the courts.
(B) To uphold the honor and dignity of the
legal profession.
(C) To act with courtesy, candor and
fairness toward other lawyers.
(D) To do no falsehood, nor consent to the
doing of any in court.
(E) To respect the courts and uphold the
dignity of the profession.
SUGGESTED ANSWER:
(D) To do no falsehood, nor consent to the doing of
any in court (Lawyers Oath).
Question No. 8. (2008). Code of Professional
Responsibility, Rule 138, sec37
State, with a brief explanation, whether the lawyer
concerned may be sanctioned for the conduct
stated below.
e. Refusing to return certain documents to
the client pending payment of his
attorneys fees. (3%)
(Rules of Court)
SUGGESTED ANSWER:
No. Rule 138, Section 37 of the Rules of Court states
that an attorney shall have a lien upon the funds,
documents and papers of his client which have
lawfully come into his possession and may retain
the same until his lawful fees and disbursements
have been paid, and may apply such funds to the
satisfaction thereof. Hence, he may keep the
documents pending payment of his attorney's fees.
Question No. 2 (2009). RULE 138 Attorneys and
Admission to Bar (Sec 37).
A charging lien, as distinguished from a retaining
lien, is an active lien which can be enforced by
execution.
40
Answer:
A lawyer to insure the payment of his professional
fee is either to retain the funds, documents, and
papers of his client which may have lawfully come
into his possession, or to enforce it upon any
judgement for the payment of money he may
secure in favor of his client. And it has been held
that the retaining lien is dependent upon
possession and does not attach to anything not in
attorneys hands. The lien exists only so long as the
attorneys retains possession ends. (De Caina vs.
Victoriano)
Question No. 6. Rule 138-A, Rules of Court
What is the student practice rule?
Answer:
Under this rule, a law student who has successfully
completed his 3rd year of the regular four year
prescribed law curriculum and is enrolled in a
recognized law schools clinical legal education
program approved by the Supreme Court, may
appear without compensation in any civil, criminal
or administrative case before any trial court,
tribunal board or officer, to represent indigent
clients accepted by the legal clinic of the law school.
Question No. 10.(2009). Rule 115 of the Rules of
Court; Rule 138, Sec 34
May a party appear on his own counsel in a
criminal or in a civil case? Explain.
Answer:
Yes. In criminal cases, Sec 1(c) of the Rule 115 of the
Rules of Court provide that upon motion, the
accused may be allowed to defend himself in
person when it sufficiently appears to the court that
he can property his right without the assistance of
counsel.
On the other hand, with respect to civil cases, Rule
138, Sec 34 states that in the court of Justice of the
peace a party may conduct his litigation in person,
with the aid of an agent or friend appointed by him
for the purpose, or with the aid an attorney. In any
other, a party may conduct his litigation personally
or by aid of an attorney and his appearance must be
either personal or by a duly authorized member of
the bar.
Question No. 20 (2009). Section 27, Rule 138
Atty. Simeon persuaded Armando, Benigno and
Ciriaco to invest in a business venture that later
went bankrupt Armando, Benigno and Ciriaco
charged Atty. Simeon with estafa. Simultaneously,
 Compiled by BSU-Law, 3rd Year students SY 2015-16
they filed an administrative complaint against the
lawyer with the Supreme Court.
a. If Simeon is convicted of Estafa, will he be
disbarred? Explain. (3%)
Answer:
YES, if Atty Simeon is convicted of estafa, he will be
disbarred because estafa is a crime involving moral
turpitude. Under the law, conviction of a crime
involving moral turpitude is a ground for
disbarment.
b. If Simeon is acquitted of the estafa charge, will
the disbarment complaint be dismissed?
Explain.
Answer:
It depends, if the acquittal is based on the ground
that no crime was committed, than the
administrative case may be dismissed. But if the
acquittal is based merely on reasonable doubt, than
the disbarment case may still continue. The purpose
of the disbarment case is to determine whether a
lawyer still deserves to remain a member of the bar.
Question No. 5 (2010). Rule 138
When is professional incompetence a ground for
disbarment under the Rules of Court? Explain. (3%)
SUGGESTED ANSWER:
Professional incompetence of a lawyer may be a
ground for disbarment when his incompetence is so
total, gross and serious that he cannot be trusted
with the duty to protect the rights of clients.
Gross incompetence in handling a case constitutes
malpractice or gross misconduct in office which are
grounds for suspension or disbarment under Sec.
27, Rule 138 of the Rules of Court.
Obiter.
Canon 18- A lawyer shall serve his client with
competence and diligence. Rules 18.01- A lawyer
shall not undertake a legal service which he knows
or should know that he is not qualified to render.
However, he may render such service if, with the
consent of his client, he can obtain as collaborating
counsel a lawyer who is competent on the matter.
Question No. 11 (2010) Rule 138, Rule 139-B.
After passing the Philippine Bar in 1986, Atty.
Richards practiced law until 1996 when he
migrated to Australia where he subsequently
became an Australian citizen in 2000. As he kept
41
abreast of legal developments, petitioner learned
about the Citizenship Retention and Re-Acquisition
Act of 2003 (Republic Act No. 9225), pursuant to
which he reacquired his Philippine citizenship in
2006. He took his oath of allegiance as a Filipino
citizen at the Philippine embassy in Canberra,
Australia. Jaded by the laid back life in the
outback, he returned to the Philippines in
December 2008. After the holidays, he established
his own law office and resumed his practice of law.
Months later, a concerned woman who had
secured copies of Atty. Richards naturalization
papers with consular authentication, filed with the
Supreme Court an anonymous complaint against
him for illegal practice of law.
a. May the Supreme Court act upon the
complaint filed by an anonymous person? Why
or why not? (3%)
SUGGESTED ANSWER:
No. An unverified complaint cannot be given due
course since the rule requires that the complaint
must be sworn to by the complainant. (Evangelista
v. Baes)
As a rule, anonymous complaints are not actionable
except when the charges can be fully borne by
public records of indubitable integrity, thus needing
no corroboration by evidence to be offered by the
complainant whose identity and integrity could be
material and I of public interest. ( In re Echiverri)
Obiter.
A jusge cannot be found guilty on hearsay
affidavit.(Negado v. Autajay).
ALTERNATIVE ANSWER:
YES. Rule 139-B states that Proceedings for the
disbarment, suspension, or discipline of attorneys
may be taken by the Supreme Court, motu proprio
or by the IBP upon the verified complaint of any
person.
The case at bar shows a complaint by an
anonymous person which the Supreme Court, may
or may not take cognizance of. Should the SC act in
the affirmative, it would normally direct the IBP to
investigate, verify the allegations and thereafter file
the verified complaint, subject to the right of the
attorney to be heard before any removal or
suspension under Rule 138.
b. Is respondent entitled to resume practice of
law? Explain. (5%)
SUGGESTED ANSWER:
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Yes. Atty. Richards being a former member of the
bar in good standing can resume the practice of law
in the Philippines, provided he observes the
procedure in reassuming the practice of law.
Question No. 9 (2010). Rule 139-B.
Is the defense of Atty. R in a disbarment complaint
for immorality filed by his paramour P that P is in
pari delicto material or a ground for exoneration?
Explain.(3%)
SUGGESTED ANSWER:
No. In pari delicto will not exempt the lawyer. Case
law states that in a disbarment proceeding, it is
immaterial that the complainant is in pari delicto
because it is not a proceeding to grant relief to the
complainant, but one to purge the law profession of
unworthy member, to protect the public and the
courts. (Mortel v. Aspiras)
Obiter. Rule 1.01 states that: A lawyer shall not
engage in unlawful, dishonest, immoral or deceitful
conduct. Immoral conduct is that which is willful,
flagrant, or shameless, and which shows a moral
indifference to the opinion of the good and
respectable members of the community. (Arciga v.
Maniwang)
Question No. 20. (2010). Rule 139-B.
Arabella filed a complaint for disbarment against
her estranged husband Atty. P on the ground of
immorality and use of illegal drugs.
After Arabella presented evidence and rested her
case before the Investigating Commissioner of the
IBP Committee on Bar Discipline, she filed an
Affidavit of Desistance and motion to dismiss the
complaint, she and her husband having reconciled
for the sake of their children.
You are the Investigating Commissioner of the IBP.
Bearing in mind that the family is a social
institution which the State is duty-bound to
preserve, what will be your action on Arabellas
motion to dismiss the complaint? (3%)
SUGGESTED ANSWER:
I will accept the Affidavit of Desistance and put on
hold the administrative charges against Atty. P. In
the case at bar, there is no compelling reason to
continue with the proceedings since there is clear
42
showing that the parties have fully reconciled and
the causes of action on which the complaint was
filed no longer exist.
The rule admits of exception on the general rule is
that no investigation shall be interrupted or
terminated by reason of the desistance, settlement,
compromise, restitution, withdrawal of the charges
or failure of the complainant to prosecute the same
unless the Supreme Court motu proprio or upon
recommendation of the IBP Board of Governors, on
the ground enunciated above.
Case law supports the following: withdrawal of the
complaint and there is no more evidence that could
substantiate the charge, then it is dismissible (In Re
Tipon) and that lack of interest to prosecute may
justify the dismissal of the case. (Worthington v
Fernandez; Luyon v Atencia)
Question No. 17-B. (2010) Rule 140.
Judge X was invited to be a guest speaker during
the annual convention of a private organization
which was covered by media. Since he was given
the liberty to speak on any topic, he discussed the
recent decision of the Supreme Court declaring
that the President is not, under the Constitution,
proscribed from appointing a Chief Justice within
two months before the election.
In his speech, the judge demurred to the Supreme
Court decision and even stressed that the decision
is a serious violation of the Constitution.
b. If instead of ventilating his opinion before the
private organization, Judge X incorporated it,
as an obiter dictum, in one of his decisions, did
he incur any administrative liability? Explain.
(3%)
SUGGESTED ANSWER:
YES. Strictly construed, the loyalty of and
faithfulness of the judge to the law vis a vis the
Supreme Court with an open and public criticism of
the SC decision can constitute simple misconduct
which will render him liable for less serious charges
under Rule 140. His criticism undermines the
authority of the SC and even if bona fide, must still
be ventilated. If ever, in the proper forum and
proper procedure and not thru the obiter dictum.
Obiter: Of more important consideration is the fact
that his decision must be based on the law and not
his personal opinion. It is hard to imagine how the
issue of midnight appointments can he related to
the issues in his decided case, and therefore
inappropriate and irrelevant under the
circumstances.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Guidelines in the efficient rendition of judgment or
judicial opinion include: if the personal views of the
judge contradict the applicable doctrine romulgated
by the SC, nonetheless, the judge should decide the
case in accordance with the doctrine (Albert v CFI)
and not in accordance with his personal views (SC
Circular No. 13, 1987). This is to maintain the
stability of precedents. However, he is not
prohibited from expressing his views if only to invite
constructive attention on the matter.
Question No. 13 (2010). Rule 138, 140.
Reacting to newspaper articles and verbal
complaints on alleged rampant sale of Temporary
Restraining Orders by Judge X, the Supreme Court
ordered the conduct of a discreet investigation by
the Office of the Court Administrator.
Judges in the place where Judge X is assigned
confirmed the complaints.
a. What administrative charge/s may be leveled
against Judge X? Explain. (3%)
SUGGESTED ANSWER:
Judge X could be charged with Serious Charges
punishable under Rule 140 of the Rules of Court,
which specifically include: bribery and dishonesty
and violations of the Anti-Graft and Corrupt
Practices Law(R.A 3019) when he made the issuance
of TROs for sale.
In addition, such gross misconduct can also be
constitutive of grounds for disbarment under Rule
138 of the Rules of Court.
Obiter: If he is guilty of a serious charge, he may be
sanctioned with dismissal from service, forfeiture of
benefits, disqualification from reinstatement or any
public office, suspension and/or fine.
b. What defense/s can Judge X raise in avoidance
of any liability? (2%)
SUGGESTED ANSWER:
Judge X can raise the defense of denial of due
process by questioning the time and manner of
notice as well as the lack of opportunity to be
heard, answer the charges against him and produce
witnesses in his behalf and be heard by himself or
counsel. He can raise defenses of hearsay evidence,
lack of evidence that meets the quantum of
evidence required to render him guilty of charges
set forth.
43
Question No. 6 (2013). Rules of Court, Rule 141,
Sec. 1 payment of fees
Plaintiff Jun Ahorro filed a complaint for collection
of sum of money before the Regional Trial Court of
Manila. Because of the large amount of his claim,
he had to pay a sizeable docket fee. He insisted on
paying the docket fee and other fees in
installments because staggered payment is
allowed under Rule 141, as amended. The Office of
the Clerk of Court (OCC) refused to accept the
complaint unless he paid the full amount of the
docket and other required fees.
Plaintiff Jun Ahorros position __________. (1%)
Answer:
(A) is allowed because of the large amount
of the docket fee
(B) is justified because it is discretionary on
the part of the OCC to accept staggered
payment
(C) is incorrect because the amendment on
staggered payment has been suspended
(D) is not allowed because the full payment
of docket fee is jurisdictional
(E) cannot be allowed because of its
prejudicial impact on the judiciarys
financial operations
SUGGESTED ANSWER:
(D) is not allowed because the full payment of
docket fee is jurisdictional (Rules of Court, Rule
141, Sec. 1).
Question No. 3 (2013). Rules of Court Rule 138
Miguel Jactar, a fourth year law student, drove his
vehicle recklessly and hit the rear bumper of
Simplicio Medrosos vehicle. Instead of stopping,
Jactar accelerated and sped away. Medroso
pursued Jactar and caught up with him at an
intersection.
In their confrontation, Jactar dared Medroso to
sue, bragged about his connections with the
courts, and even uttered veiled threats against
Medroso. During the police investigation that
followed, Medroso learned that Jactar was
reviewing for the Bar examinations.
Under these facts, list and justify the potential
objections that can be made against Jactars
admission to the practice of law. (8%)
SUGGESTED ANSWER:
The potential objection that can be made against
Jactars admission to the practice of law is the
 Compiled by BSU-Law, 3rd Year students SY 2015-16
absence of good moral character (Rules of Court,
Rule 138, Sec. 2).
Jactars bragging about his connection with the
courts and uttering veiled threats against Medroso
are indications of his lack of good moral character.
His acts are contrary to justice, honesty, modesty or
good morals (In re Basa, 4 Phil. 276). He has acted
in a manner that has violated the private and social
duties which a man owes to his fellowmen, or to
society in general, contrary to the accepted and
customary rule of tight and duty between man and
man (Tak Ng v. Republic, G.R. No. L-13017,
December 23, 1959).
[NOTES: Any answer which explains the nature of
absence of good moral character should be given
full credit.
The following additional objection should not result
to a deduction nor should an absence of the
additional objection also result to a deduction].
B. If light threats would be filed against him, then
another potential objection would be the pendency
of charges against him, involving moral turpitude
(Rules of Court, Rule 138, Sec. 2).
The question states, Under these facts, list and
justify the potential objections that can be made
against Jactars admission to the practice of law.
The question requires that an assumption be made
that Jactar has passed the Bar Examination and is
about to take his oath as an attorney. It is suggested
that the better question should have been: Under
these facts list and justify the potential objections
that can be made against Jactars being admitted to
take the Bar Examination.
Question No. 6 (2014) Rule 138 of the Rules of
Court
Atty. D was required by Judge H of the
Regional Trial Court (RTC) of Manila to show cause
why he should not be punished of contempt of
court for shouting invectives at the opposing
counsel and harassing his witness. Assuming that
there was sufficient cause or ground, may Judge H
suspend Atty. D from the practice of law? If Judge H
finds that the actuations of Atty. D are grossly
unethical and unbecoming of a member of the bar,
may judge H disbar Atty. D instead? Explain your
answer. (5%)
SUGGESTED ANSWER:
44
Under Section 28, Rule 138 of the Rules of
Court, a Regional Trial Court may suspend a lawyer
from the practice of law for any of the causes
provided in Section 27, until further action of the
Supreme Court, but it may not disbar him, for any
of the Supreme Court can disbar a lawyer pursuant
to its constitutional power to admit persons to the
practice of law.
Question No. 20 (2014) Rules Of Court
B hired Atty. Z to file a replevin case against C for an
agreed acceptance fee of P30,000.00 which was
evidenced by a written contract. After the
complaint was filed by Atty. Z, B terminated his
services and hired a new lawyer for the same
amount of attorneys fees. How much attorneys
fees is Atty. Z entitled to?
SUGGESTED ANSWER:
Atty. Z is entitled to the entire amount of the
attorneys fees agreed upon because his services
were terminated by the client without just cause
(Sec. 26, Rule 138, Rules of Court)
Question No. 25 (2012) Rule 140, Sec. 3 whom
complaint investigated
Administrative complaints against judges and
Justices below the supreme court are handled by:
a. Clerk of Court of the Supreme
Court
b. Ombudsman
c. Presiding Justice of the Court of
Appeals
d. Office of the Court Administrator
MISCELLANEOUS
Question No. 4. (2007).
When is recovery of attorney's fees based on
quantum meruit allowed? (10%)
Suggested Answer:
The recovery of attorneys fees on quantum meruit
is allowed in the following circumstances:
1. When there is no agreement as to
attorneys fees.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
2. When the agreement as to attorneys fees
is invalid for some reason other than the
illegality of the object of the performance.
3. When the attorney and the client disregard
the contract for attorneys fees.
4. When the amount of the attorneys fees is
found to be unconscionable (Section 24,
Rule 138 of the Rules of Court).
5. Where the stipulated fees are in excess of
what is expressly fixed by law.
Question No. 3 (2009) Practice of Law -Legal
Concepts (Bienvenu v. Factors of Traders
Insurance Cp., 33 La.Ann.209)
An attorney ad hoc is a lawyer appointed by the
court to represent an absentee defendant in suit in
which the appointment is made. (True or False)
Answer:
TRUE
Question No. 4 (2009) Rule 138.
What is the object of the bar examinations?
Explain
Answer:
Jurisprudence has provided that the practice is not
a right but privilege bestowed by the State upon
those who show that they possess, and continue to
possess, the qualifications required by law for the
conferment of such privilege. Therefore, in order
to stay true with the aforementioned principles, the
object of the bar exam is to serve as a mechanism
to determine who are qualified to practice law.
Question No. 5. RULE 138 Attorneys and
Admission to Bar (Sec 33).
May a party appear as his own counsel in a
criminal or in a civil case? Explain
Answer:
Yes. In criminal cases, Sec. 1 of Rule 115 of the Rules
of Court provide that upon motion, the accused
may be allowed to defend to defend himself in
person when it sufficiently appears to the court that
he can properly protect his right without the
assistance of counsel.
On the other hand, with respect to civil cases, Rule
138, Sec. 34 states that in the court of in justice of
the peace a party may conduct his litigation on
person, will the aid of an agent or friend appointed
by him for the purpose, or personally or by aid an
attorney. In any other court, a party may conduct
45
his litigation personally or by aid of an attorney, and
his appearance must be either personal or by a duly
authorized member of the bar.
Question No. 12. SC Administrative Circular (AC
No. 25 of June 9, 1989)
After being diagnosed with stress dermatitis, Judge
Rosalind, without seeking permission from the
Supreme Court, refused to wear her robe during
court proceedings. When her attention was called,
she explained that whenever she wears her robe
she is reminded of her heavy caseload, thus
making her tense. This, in turn, triggers the
outbreak of her skin rashes. Is Judge Rosalind
justified in not wearing her judicial robe? Explain.
Answer:
NO. Judge Rosalind is not justified in not wearing
her judicial robes, absent a clear exemption granted
to her by the Supreme Court from mandatory
compliance with SC Administrative Circular (AC No.
25 of June 9, 1989) requires the wearing of black
robes by judges during sessions in their respective
courts.
Her medical condition per se is not a defense and is
untenable since she is not in a position nor has the
authority to disregard a clear directive.
Question No. 3. (2009). Rule 138, Sec2; Chapter 2,
Canon 7, CPR
Cliff and Greta were law school sweethearts. Cliff
became a lawyer, but Greta dropped out. One day,
Cliff asked Greta to sign a marriage contract. The
following day, Cliff showed Greta the document
already signed by an alleged solemnizing officer
and two witnesses. Cliff then told Greta that they
were already married and Greta consented to go
on a honeymoon. Thereafter, the couple cohabited
and begot a child. Two years later, Cliff left Greta
and married a Venezuelan beauty. Incensed, Greta
filed a disbarment complaint against Cliff. Will the
case prosper? Explain.
Answer:
YES. The disbarment case will prosper against Cliff
for lack of continuing requirements as a lawyer. In
case analogous to the instant case, a lawyer who
led a woman into believing that they had been
married civilly was disbarred because the court
considered the lawyer complained of as lacking in
integrity and good moral character for him to
remain as a member of the bar. (Cabrera vs.
Agustin, Phil 106. 256)
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Question No. 16 (2009). 2002 Internal Rules of the
Court of Appeals
Court of Appeals (CA) Justice was administratively
charged with gross negligence of the law for
having issued an order Temporarily enjoining the
implementation of a writ of execution, and for
having issued another order for the parties to
maintain the status qou in the same case. Both
orders are obviously without any legal basis and
violate CA rules. In his defense, Justice Juris claims
that the challenged orders were collegial acts of
the CA Division to which he belonged. Thus, he
posits that the charge should not be filed against
him alone, but should include the two other CA
justices in the Division. Is the contention of Justice
Juris tenable? Explain.
Answer:
NO. The contention of Justice Juris is untenable.
Case law has it had it that while actions of a case
pending in the CA are actions of that court as a
collegial body, the 2002 Internal Rules of the Court
of Appeals provides that it is the ponente who
initiates the actions on said motions, papers and
pleadings. Hence, there can be no action on a
motion, paper or any other incident except upon
prior instruction of the ponente. He has the primary
responsibility of ensuring that the pending incidents
in a case assigned to him are properly and promptly
acted on. (Orocio v. Roxas, A.M. nos. 07-115-CA-J
and CA-08-46-J, 19 August 2008).
Question No. 4 (2011), Citizenship
Lee became a lawyer in 1988 under a claim that he
is a Filipino like his parents. Efren sought Lees
disbarment on the ground that he really is a
Chinese. To prove he is a Filipino, Lee cited an
Albay regional trial courts final judgment in an
action to recover real property which mentioned
his citizenship as Filipino. This final judgment
resulted in the correction of his birth records in a
separate special proceeding to show he is a
Filipino, not Chinese as there stated. Is Lees claim
to Filipino citizenship valid?
Answer:
(A) No, since the mention of his citizenship
in the land case was just incidental.
(B) No, since those rulings were not
appealed to the Supreme Court.
(C) Yes, because the rulings in his favor have
become final and executory.
(D) Yes, since his parents are Filipinos based
on what he said in his bar exam petition.
46
Question No. 10 (2011), Katarungan Pambarangay
Elaine filed a complaint against Fely before their
barangay concerning a contract that they entered
into. During conciliation, Fely came with Sarah,
who claimed the right to represent her minor
sister. The barangay captain let Sarah assist her
sister. Eventually, the barangay issued a certificate
to file action after the parties failed to settle their
differences. When Sarah formally appeared as
lawyer for her sister, Elaine filed an administrative
complaint against her for taking part in the
barangay conciliation and preventing the parties
from taking meaningful advantage of the same. Is
Sarah liable?
Answer:
(A) No, because she has to represent her
sister who was a minor.
(B) No, because the Court can always
dismiss the case without prejudice to a
genuine conciliation.
(C) Yes, because what Sarah did was
deceitful and amounts to fraud.
(D) Yes, because as a lawyer, she is
absolutely forbidden to appear in barangay
conciliations.
2011, Question (12), RA 910, Sec1
Justice Frank, a retired Court of Appeals justice,
appeared before the Supreme Court on behalf of
Landbank, a government bank, in a case involving
the compensable value of the property taken from
a landowner under the agrarian reform law. The
landowner questioned Justice Frank's appearance
in the case, pointing out that the same is unethical
and smacks of opportunism since he obviously
capitalizes on his judicial experience. Is Justice
Frank's appearance in the case valid?
Answer:
(A) Yes, because the law allows such
appearance as long as the government is
not the adverse party.
(B) No, because he cannot enjoy his
retirement pay and at the same time work
for a government institution.
(C) Yes, since Landbank does not perform
government function.
(D) No, he should have waited for at least a
year to avoid improprieties.
Question No. 41 (2011), General Principle (practice
of law)
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Ronnie, a paralegal in a law firm, helped Beth in a
property dispute in which she was involved by
giving her legal advice and preparing a complaint
that she eventually filed in court under her own
signature. When the lawyer for the defendant
learned of it, he told Ronnie to desist from
practicing law. But he disputed this, claiming that
he had not practiced law since he did not receive
compensation from Beth for his help. Is Ronnie
correct?
Answer:
(A) Yes, because he could as a paralegal
provide competent legal help to litigants.
(B) Yes, for so long as he did not sign the
complaint or appeared as Beth's lawyer.
(C) No, unless Beth was ill-advised in filing
her complaint in court.
(D) No, because receipt of compensation is
not the sole determinant of legal practice.
Question No. 43 (2011), General Principle
To whom may the Supreme Court refer complaints
against lawyers for investigation?
Answer:
(A) Integrated Bar of the Philippines.
(B) Office of the Bar Confidant.
(C) Judicial and Bar Council.
(D) Office of the Court Administrator.
Question No. 44 (2011), General Principle
(prescription)
After several years as a private practitioner, Ben
got appointed as Regional Trial Court judge. Five
years after his appointment, he received summons
directing him to answer a disbarment complaint
that pertained to a document he notarized more
than 10 years ago from appointment date. He
sought the dismissal of the complaint arguing that
the cause of action has prescribed. Must the
complaint be dismissed?
Answer:
(A) No, because such complaints do not
prescribe.
(B) Yes, because the complaint creates a
chilling effect on judicial independence.
(C) No, but the complaint should be verified
to ensure transparency.
(D) Yes, because actions on contracts
prescribe in 10 years.
Question No. 47 (2011), General Principle
47
Atty. Alfredo Prado appeared in a case as legal
officer of the Land Registration Authority (LRA).
His opponent, Atty. Armando, knew an Atty.
Alfredo Prado from his province who had been
dead for years. When Atty. Armando checked with
the Supreme Court, only one Alfredo Prado was in
the roll of attorneys. What action can Atty.
Armado take against Vicente who had taken a
dead lawyers identity?
Answer:
(A) File direct contempt action against
Vicente for deceiving the court.
(B) Criminally prosecute Vicente for estafa
for making money upon false pretense.
(C) Criminally prosecute Vicente for theft of
Alfredo's identity and law practice.
(D) Institute a disbarment case against
Vicente for misrepresenting himself as
lawyer.
Question No. 35 (2011), General Principle
What is the method of national inquiry into the
conduct of Supreme Court magistrates?
Answer:
(A) Administrative investigation.
(B) Disqualification.
(C) Impeachment.
(D) Disbarment.
Question No. 21 (2011), Non-lawyer appearing in
Court
Eric, a labor federation president, represented
Luisa, a dismissed WXT employee, before the
NLRC. Atty. John represented Luisa's two
cocomplainants. In due course, the NLRC
reinstated the three complainants with backwages
and awarded 25% of the backwages as attorneys
fees, 15% for Atty. John and 10% for Eric, a non-
lawyer. When WXT appealed to the Court of
Appeals, Atty. John questioned Erics continued
appearance before that court on Luisas behalf, he
not being a lawyer. Is Eric's appearance before the
Court of Appeals valid?
Answer:
(A) Yes, for Eric has a personal stake, the
fees awarded to him, in defending the
NLRC's decision in the case.
(B) No, since John can very well represent
Luisa, she being in the same situation as his
own clients.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
(C) No, because the representation of
another in courts can be entrusted only to
lawyers.
(D) Yes, since that appeal is a mere
continuation of the labor dispute that
began at the NLRC.
Question No. 18-MCQ (2013). Permissible acts
You are a lawyer working in the Public Assistance
Office. Yolly, a key witness in the case (reckless
imprudence resulting in homicide) you are handling,
is indigent and illiterate. While Yolly is willing to
testify in court, you worry that the judge might not
be able to appreciate the impact of her testimony,
as she has a difficult time answering English
questions. You also worry that this might affect her
credibility. Further, Yolly has indicated that she
might not have the money to pay the fare to attend
the trial. You are presenting her as a witness for the
defense at the hearing next week.
Which of the following is NOT a permissible act for
you to do? (1%)
Answer:
(A) Provide Yolly with money for fare to
ensure her attendance in court.
(B) Interview Yolly before trial, so that she
will be more at ease when she testifies
before the court.
(C) Prepare a judicial affidavit of Yollys
testimony, which she will then verify before
the court.
(D) Provide her with sample questions that
you might ask in the hearing tomorrow.
(E) All the above are permissible.
SUGGESTED ANSWER:
All the above are permissible. All are permissible;
therefore, (E) should be equivalent to none of the
above.
Question No. 7-MCQ (2013).
Atty. Anunciante is engaged in the practice of law
and has a regular, live, weekly TV program where
he gives advice to and answers questions from the
audience and program viewers concerning U.S.
immigration problems. Occasionally,
advertisements inviting viewers to watch his TV
program are shown outside his regular program
schedule. Because of the popularity of his TV
48
program, the number of his law practice clients
increased tremendously.
The TV program of Atty. Anunciante is
__________. (1%)
Answer:
(A) permissible because it is public service
in nature
(B) objectionable because the work involves
indirect advertising or solicitation of
business
(C) improper because it gives him an unfair
advantage over other lawyers
(D) ethically allowable because it does not
violate the traditional standards of the legal
profession
(E) None of the above.
SUGGESTED ANSWER:
(E) None of the above.
Question No. 9-MCQ (2013).
Graft Investigator Atty. Retirada served the Office
of the Deputy Ombudsman for eight years before
retiring from the service. While still a Graft
Investigator, she investigated a government
contract for office supplies where Mr. Sakim was
the supplier. The transaction was supposedly
overpriced. Atty. Retirada recommended that no
charges be filed against the officials involved and
the recommendation benefited Mr. Sakim as the
supplier involved in the transaction.
After her retirement from the service, Atty.
Retiradas services as counsel were engaged by
Mr. Sakim as counsel to represent the Sakim
family in a claim against the State arising from a
family property that had been expropriated. Atty.
Retirada now consults you about the ethical
permissibility of accepting the engagement.
What advice would you give Atty. Retirada? (1%)
Answer:
(A) Having been in government service, she
cannot now represent a party with a claim
against the State.
(B) Having once handled a case involving
her prospective client, a conflict of interest
would exist if she were to accept the
engagement.
(C) Representing the Sakim family would
involve the unethical use of information she
obtained while in government service.
(D) There is no ethical objection to her
acceptance of the engagement because the
case is neither criminal nor administrative
in character.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
(E) Acceptance of the engagement should
be on condition that Atty. Retirada would
withdraw if a conflict of interest situation
arises.
SUGGESTED ANSWER:
(D) There is no ethical objection to her acceptance
of the engagement because the case is neither
criminal nor administrative in character.
There is no conflict of interest since the case
involved is an expropriation case (R.A. 910, Sec. 1).
Question No. 10-MCQ (2013).
Your client is the plaintiff in a civil case for
damages arising from a car accident where he
sustained serious physical injuries and damages
amounting to P1Million. The counsel for the
defendant asks you to give him a proposed
amount for purposes of settlement and you are
aware that whatever amount you tell him would
not readily be accepted and would probably be cut
into half.
What is your best legal and ethical course of
action? (1%)
Answer:
(A) Inflate your proposal to make
allowances for a compromise.
(B) Tell the defendants counsel the correct
amount of damages.
(C) Offer him a reasonably low amount so
that the case can immediately be settled.
(D) Ask the defendants counsel to first
submit his negotiating figure.
(E) Play hard-to-get and initially refuse all
the defendants initiatives to settle.
SUGGESTED ANSWER:
(D) Ask the defendants counsel to first submit his
negotiating figure. It is the defendant that must
submit first the negotiating figure.
Question No. 3-MCQ (2013). Striking out of
names in the Roll of Attorneys
Atty. Avaro has consistently failed to pay his
annual IBP dues for several years. Demand letters
have been sent to him and he has acknowledged
receipt of these letters. However, all the IBPs
efforts proved futile. As a result, the IBP sent Atty.
Avaro a notice that his name would be stricken off
the Roll of Attorneys.
Was the IBPs action correct? (1%)
49
Answer:
(A) No, because default in the payment of
annual dues only warrants suspension of
Integrated Bar members.
(B) Yes, because non-payment of annual
dues is an indicator of the lawyers moral
fitness; refusal to pay is refusal to honor his
obligation to the IBP.
(C) No, because failure to pay affects a
members capability to practise, but not his
membership in the Bar.
(D) Yes, because payment of membership
dues and other lawful assessments are
conditions sine qua non to the privilege of
practising law and to the retention of his
name in the Roll of Attorneys.
(E) None of the above choices is correct.
SUGGESTED ANSWER:
(E) None of the above choices is correct.
The striking out of names in the Roll of Attorneys
can be ordered only by the Supreme Court. Also,
due process must be observed.
The Constitution vests upon the Supreme Court
the power to integrate the Philippine bar (Legal
and Judicial Ethics (2009 Ed.), Agpalo, p. 132;
Constitution, Art. X, Sec. 5).
Question No. 4 (MCQ). Irregularity in the payment
of the notarial fees
Ms. Seller and Mr. Buyer presented to a
commissioned notary public a deed of sale for
notarization. The notary public explained to them
the transaction the deed embodies and asked
them if they were freely entering the transaction.
After the document was signed by all the parties,
the notary public collected the notarial fee but did
not issue any BIR-registered receipt.
The notarization of the deed is __________. (1%)
Answer:
(A) neither unlawful nor improper because
he explained the basis for the computation
of the notarial fee
(B) unlawful because he did not issue a BIR-
registered receipt and did not post in his
office the complete schedule of chargeable
notarial fees
(C) proper because he is not required to
issue receipts for notarial fees
(D) improper because he did not ask Ms.
Seller and Mr. Buyer if they needed a
receipt
 Compiled by BSU-Law, 3rd Year students SY 2015-16
(E) proper because any irregularity in the
payment of the notarial fees does not affect
the validity of the notarization made.
SUGGESTED ANSWER:
(E) proper because any irregularity in the payment
of the notarial fees does not affect the validity of
the notarization made. (Ocampo v. Land Bank of
the Philippines, G.R. No. 164968, July 3, 2009)
Question No. 9 (2013). Ethical/administrative
violation
Atty. Hermano requested his fraternity brother,
Judge Patron, to introduce him to Judge Apestado,
before whom he has a case that had been pending
for sometime.
Judge Patron, a close friend of Judge Apestado,
acceded to the request, telling the latter that Atty.
Hermano is his fraternity "brod" and that Atty.
Hermano simply wanted to ask for advice on how
to expedite the resolution of his case. They met, as
arranged, in the fine dining restaurant of a five-
star hotel. Atty. Hermano hosted the dinner.
Did Atty. Hermano, Judge Patron and Judge
Apestado commit any ethical/administrative
violation for which they can be held liable? (8%)
SUGGESTED ANSWER:
Yes, the three (3) of them committed
ethical/administrative violations for which they can
be held liable.
For hosting the dinner, Atty. Hermano acted in
contravention of ethical standards. A lawyer should
refrain from any impropriety which tends to
influence or give the appearance of influencing the
court (Code of Professional Responsibility, Canon
13). A lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity for
cultivating familiarity with judges (Ibid. Canon 13,
Rule 13.01). Marked attention and unusual
hospitality on the part of a lawyer to a judge,
uncalled for by the personal relations on the
parties, subject both the judge and the lawyer to
misconstruction of motive and should be avoided
(Canons of Professional Ethics, Canon 3, 2nd par., 1st
sentence). Even if the purpose of the meeting was
merely to ask advice on how to expedite the
resolution of his case, Atty. Hermano still acted
outside of the bounds of ethical conduct. This is so
because a lawyer deserves rebuke and denunciation
for any device or attempt to gain from a judge
special personal consideration or favor. (Ibid.,
Canon 3, 2nd par., 2nd sentence).
50
Both Judge Patron and Judge Apestado may be held
liable for having the dinner meeting with Atty.
Hermano. Judges shall ensure that not only is their
conduct above reproach, but that it is perceived to
be so in the view of a reasonable observer (New
Code of Conduct for the Philippine Judiciary, Canon
2, Sec. 1). Judges shall avoid impropriety and the
appearance of impropriety in all of their activities
(Ibid., Canon 4, Sec. 1). Their having dinner with
Atty. Hermano, a practicing lawyer, could be
construed as appearance of impropriety.
Judge Patron for having allowed himself to used as
a bridge by Atty. Hermano, his fraternity brod,
to meet with Judge Apestado exhibited judicial
misconduct in the following manner: Judges shall
refrain from influencing in any manner the outcome
of litigation or dispute pending before another
court (Ibid., Canon 1, Sec. 3). Furthermore, in
allowing Atty. Hermano to take advantage of his
fraternity bond, Judge Patron allowed the use of the
prestige of judicial office to advance the private
interests of others, conveyed or permitted his
fraternity brod to convey the impression that he
is in a special position to influence the judge (Ibid.,
Canon 1, Sec 2, 2nd sentence).
The specific violations of Judge Apestado were
committed when he allowed himself to be
convinced by Judge Patron to have the dinner
meeting with Atty. Hermano to discuss how the
case may be expedited. In performing judicial
duties, judges shall be independent from judicial
colleagues in respect of decisions which the judge is
obliged to make independently (Ibid., Canon 1, Sec.
3). Finally, in having a dinner meeting with Atty.
Hermano who has a pending case with his sala,
Judge Apestado has exhibited an appearance of
impropriety in his activities (Ibid., Canon 4, Sec. 1).
Question No. 5 (2013).RA 9225
Atty. Repatriar, a law school classmate,
approached you on your 25th Class Reunion, with
questions on how he can resume the practice of
law in the Philippines. He left the country in 1977
after two (2) years of initial law practice, and
migrated to the United States where he was
admitted to the practice of law in the State of New
York. He asks that you give him a formal legal
opinion on his query.
Outline briefly the steps and the supporting legal
reasons you would state in your legal opinion on
what Atty. Repatriar should do to resume his
Philippine practice. (8%)
SUGGESTED ANSWER:
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Atty. Repatriar must prepare a sword petition to
acquire the privilege to practice law in the
Philippines. He should manifest in his petition his
desire to resume his law practice in the Philippines,
and he is not disqualified to practice law. The right
to resume the practice of law is not automatic. R.A.
No. 9225 provides that a person who intends to
practice his profession in the Philippines must apply
with the proper authority for a license or permit to
engage in such practice. It can not be overstressed
that: The practice of law is a privilege burdened
with conditions. It is so delicately affected with
public interest that it is both the power and duty of
the State (through this Court) to control and
regulate it in order to protect and promote the
public welfare.
Adherence to the rigid standards of mental fitness,
maintenance of the highest degree of morality,
faithful observance of the legal profession,
compliance with the mandatory continuing legal
education requirement and payment of
membership in good standing in the bar and for
enjoying the privilege to practice law. Any breach by
a lawyer of any of these conditions makes him
unworthy of the trust and confidence which the
courts and clients repose in him for the continued
exercise of his professional privilege (In re: Petition
to re-acquire the privilege to practice law in the
Philippines, Elfanio B. Muneses, B.M. No. 2112, July
24, 2012).
He should file the petition with the Supreme Court,
through the Bar Confidant to accompanied by the
original or certified copies of the following
documents:
1. Showing that he is still a Filipino Citizen.
The court reiterates that Filipino
citizenship is a requirement for
admission to the bar and is, in fact, a
continuing requirement for the practice
of law (In re: Petition to re-acquire the
privilege to practice law in the
Philippines, B.M. No. 21122, supra).
Having retained Philippine Citizenship
could be evidenced by the Philippine
passport, the U.S. Green card showing
Philippine citizenship and U.S. residency
or other authentic documents which
the Supreme Court may reacquire.
On the other hand, if Atty. Repatriar has lost his
Philippine citizenship, he must submit the following:
a) Petition for Re-acquisition of Philippine
Citizenship;
b) Order (for Re-acquisition of Philippine
citizenship);
c) Oath of Allegiance to the Republic of the
Philippines;
51
d) Identification Certificate (IC) issued by the
Bureau of Immigration.
The loss of Filipino citizenship means termination of
Atty. Repatriars membership in the bar; ipso jure
the privilege to engage in the practice of law.
Under R.A. No. 9225, natural-born citizens who
have lost their Philippine citizenship by reason of
their naturalization as citizen of a foreign country
are deemed to have re-acquired their Philippine
citizenship upon taking the oath of allegiance to the
Republic. Thus, a Filipino lawyer who becomes a
citizen of another country and later re-acquires his
Philippine citizenship under R.A. No. 9225, remains
to be a member of the Philippine Bar (B.M. No.
2112, In re: Petition to re-acquire the privilege to
practice law in the Philippines, supra).
2) Certification from the IBP indicating
updated payments of annual membership
dues;
3) Proof of payment of professional tax; and
4) Certificate of compliance issued by the
MCLE Office. (Ibid.)
5) A certificate of good moral character
attested to by at least three (3) members of
the bar; and
6) A certification from the State Bar of New
York that Atty. Repatriar does not have any
previous or pending disciplinary action files
against him before that body.
Question No. 1 ( 2006) Law Profession, Officer of the
Court
1. Why is law a profession and not a trade? 2.5%
Answer:
Law is profession and not a trade because of the
following characteristics of the law profession not
normally found in trade:
a. The law profession is characterized by a duty of
service, of which the emolument is a by-product
and in which one may attain the highest eminence
without making such money;
b. It involves a relation as an officer of court to the
administration of justice involving thorough
sincerity, integrity and reliability;
c. It involves a relation to clients in the highest
degree of fiduciary;
d. It involves a relation to colleagues at the bar
characterized by candor, fairness and unwillingness
to resort to current business methods of advertising
and encroachment on their practice or dealing with
 Compiled by BSU-Law, 3rd Year students SY 2015-16
their clients.
2. Why is an attorney considered an officer of the
court? 2.5%
Answer:
An attorney is considered an officer of the court
because he directly participates in the
administration of justice. Through him, the
judicial machinery is set on motion by his filing of
cases in court on which the judge is called upon to
act. If there are no lawyers, courts cannot operate
or dispense justice. His intimate and
indispensable relationship to the court makes him
a part of the court.
Question No. 2 (2006) 2. Practicing Lawyer, Trial Lawyer,
Law Student
1. Is there a distinction between practicing lawyer
and trial lawyer? 2.5
Answer:
Yes. Trial lawyer personally handles cases in court
which means engaging in actual work either for the
prosecution or defense of cases of clients. On the
other hand, practicing lawyer refers to one engaged
in the practice of law. The term practicing lawyer
is broader and includes a trial lawyer. In other
words, all trial lawyers are practicing lawyers, but
not all practicing lawyers are trial lawyers.
2. Enumerate the instances when a law student may
appear in court as counsel for a litigant. 2.5%
Answer:
The instances when a law student may appear in
court as counsel are as follows:
a. If he is a party to the litigation;
b. In cases before the Municipal Trial Court, he may
be appointed by his friend who has a case therein;
c. In a criminal case before the Municipal Trial Court
in a locality where a duly licensed member of the
Bar is not available, the judge may appoint him if he
is:
1. Resident of the province;
2. Of good repute for probity and ability to aid the
accused in his defense;
52
d. If he is a senior law student who is enrolled in a
recognized law schools clinical education program
approved by the Supreme Court. He shall be under
the direct supervision and control of an IBP member
duly accredited by the law school;
e. He may appear before the National Labor
Relations Commission or any Labor Arbiter, if he
represents his organization or members thereof;
f. He can represent a claimant before the Cadastral
Court.
Question no. 3 (2006) Suspended Lawyer
1. The Supreme Court suspended indefinitely Atty.
Fernandez from the practice of law for gross
immorality. He asked the Municipal Circuit Trial
Court Judge of his town if he can be appointed
counsel de oficio for Tony, a childhood friend who is
accused of theft. The judge refused because Atty.
Fernandezs name appears in the Supreme Courts
List of Suspended Lawyers. Atty. Fernandez then
inquired if he can appear as a friend for Tony to
defend him.
If you were the judge, will you authorize him to
appear in your court as a friend for Tony? 5%
Answer:
I will authorize Atty. Fernandez to appear in my
court as a friend of Tony. The Rules of Court provide
that in cases before the Municipal Trial Court, a
person who has a case therein may appoint a friend
(whether a lawyer or not) to conduct the litigation.
The suspension of Atty. Fernandez, therefore, is not
a hindrance to represent his friend because even
non-lawyers may appear before the MTC.
2. Supposing Tony is a defendant in a civil case for
collection of sum of money before the same court,
can Atty. Fernandez appear for him to conduct his
litigation? 5%
Answer:
Yes. The abovementioned rule makes no distinction
between a criminal case and a civil case.
Question No. 4 (2006). Senior Citizen Lawyer
Atty. Oldie, 80 years old, refuses to pay his IBP dues.
He argues he is a senior citizen and semi-retired
from the practice of law. Therefore, he should be
exempt from paying IBP dues.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
1. Is his argument correct? 3%
answer:
His argument is not correct. Although he is already
80 years old, he has not yet retired. And because he
has not yet retired, he is still required to pay his
membership dues.
For the same reasons, Atty. Oldie also insists that he
should be exempt from the Mandatory Continuing
Legal Education (MCLE) requirements.
2. Should he be exempt? 3%
Answser:
He should not also be exempt for the same reason
stated above, that is, he has not yet retired. If a
lawyer is still actively engaged in the practice of law,
he is required to comply with the MCLE. Being a
senior citizen is not one of the exemptions.
Question No. 5 (2006) Exorbitant Appearance Fees
Myrna, petitioner in a case for custody of children
against her husband, sought advice from Atty.
Mendoza whom she met at a party. She informed
Atty. Mendoza that her lawyer, Atty. Khan, has
been charging her exorbitant appearance fees when
all he does is move for postponements which have
unduly delayed the proceedings; and that recently,
she learned that Atty. Khan approached her
husband asking for a huge amount in exchange for
the withdrawal of her Motion for Issuance of Hold
Departure Order so that he and his children can
leave for abroad.
1. Is it ethical for Atty. Mendoza to advise Myrna to
terminate the services of Atty. Khan and hire him
instead for a reasonable attorneys fees? 5%
2. What should Atty. Mendoza do about the
information relayed to him by Myrna that Atty.
Khan approached her husband with an indecent
proposal? 5%
Suggested Answer:
V.
1.
It is not ethical for Atty. Mendoza to advise
Myrna to terminate the services of Atty.
Khan and hire him instead for a reasonable
attorneys fees.
53
This is tantamount to improper solicitation
of legal business as he is encroaching upon
the professional employment of another
lawyer. The Code of Professional
Responsibility is explicit that a lawyer shall
not, directly or indirectly, encroach upon
the professional employment of another
lawyer.
2.
I would advice Myrna to report Atty. Khan
to the Supreme Court or to the IBP. Such
act of Mr. Khan is deceitful and deserves a
disciplinary sanction from the Supreme
Court.
Question No. 6 (2006). Ignorant of the Applicable Laws
In his petition for certiorari filed with the Supreme
Court, Atty. Dizon alleged that Atty. Padilla, a legal
researcher in the Court of Appeals, drafted the
assailed Decision; that he is ignorant of the
applicable laws; and that he should be disbarred.
Can Atty. Dizon, in castigating Atty. Padilla, be held
liable for unethical conduct against the Court of
Appeals? 5%
Suggested Answer:
VI.
Yes. The Code of Professional Responsibility
provides that a lawyer shall not, in his professional
dealings, use language which is abusive, offensive
or otherwise improper. Atty. Dizons allegations
are personal in nature and have no place in a
petition for certiorari.
Question No. 7 (2006). Does Not Believe in the Position of
the Client
Provincial Prosecutor Bonifacio refused to represent
the Municipality of San Vicente in a case for
collection of taxes. He explained that he cannot
handle the case with sincerity and industry because
he does not believe in the position taken by the
municipality.
Can Prosecutor Bonifacio be sanctioned
administratively? 5%
Suggested Answer:
 Compiled by BSU-Law, 3rd Year students SY 2015-16
VII.
Yes. A government lawyer, who under the law, is
required to represent the government should not
refuse to appear for them. A prosecutor cannot
refuse the performance of his functions on grounds
not provided for by law without violating his oath of
office. He cannot allow his personal beliefs to
interfere with his duties.
Question No. 8 (2006). Prosecutor Failed to Reappear in
Family Court
Prosecutor Coronel entered his appearance on
behalf of the State before a Family Court in a case
for declaration of nullity of marriage, but he failed
to appear in all the subsequent proceedings.
When required by the Department of Justice to
explain, he argued that the parties in the case were
ably represented by their respective counsels and
that his time would be better employed in more
substantial prosecutorial functions, such as
investigations, inquests and appearances in court
hearings.
Is Atty. Coronels explanation tenable? 5%
Suggested Answer:
VIII.
No. The State has an interest in cases for
declaration of nullity of marriages. The prosecutor
representing the State in these cases has a duty to
protect this interest. This duty is as important as his
other duties. Besides, if Prosecutor Coronel cannot
attend the proceedings, he should have informed
this to his superiors so that appropriate action will
be made.
Question No. 9 (2006). Acquiescence
Atty. Marie consulted Atty. Hernandez whether she
can successfully prosecute her case for declaration
of nullity of marriage she intends to file against her
husband. Atty. Hernandez advised her in writing
that the case will not prosper for the reasons stated
therein. Atty. Marie, however, decided to file the
case and engaged the services of another lawyer,
Atty. Pe. Her husband, Noel, having learned about
the opinion of Atty. Hernandez, hired him as his
lawyer.
Is Atty. Hernandezs acquiescence to be Noels
counsel ethical? 3%
54
Suggested Answer:
IX.
No. A lawyer shall not represent conflicting
interests. The consultation made by Atty. Marie to
Atty. Hernaez created an attorney-client
relationship between them. This precludes Atty.
Hernaez from accepting the opposite partys
retainer regardless of what was received by him
from his first client.
Question No. 10 (2006). Attorney-Client Privilege
In the course of a drinking spree with Atty.
Holgado who has always been his counsel in
business deals, Simon bragged about his recent
sexual adventures with socialites known for their
expensive tastes. When Atty. Holgado asked Simon
how he manages to finance his escapades, the
latter answered that he has been using the bank
deposits of rich clients of Banco Filipino where he
works as manager.
Is Simons revelation to Atty. Holgado covered by
the attorney-client privilege? 5%
Suggested Answer:
X.
Simons revelation to Atty. Holgado is not covered
by the attorney-client privilege because it was not
made in the course of professional employment.
Question No. 11 (2006) Contingent Fee
The contract of attorneys fees entered into by Atty.
Quintos and his client, Susan, stipulates that if a
judgment is rendered in her favor, he gets 60% of
the property recovered as contingent fee. In turn,
he will assume payment of all expenses of the
litigation.
1. Is the agreement valid? 2.5%
2. May Atty. Quintos and Susan increase the
amount of the contingent fee to 80%? 2.5%
Suggested Answer:
XI.
1.
The agreement, which is in the nature of a
champertous contract, is not valid. A champertous
 Compiled by BSU-Law, 3rd Year students SY 2015-16
contract is one where the lawyer stipulates with his
client that in the prosecution of the case, he will
bear all the expenses for the recovery of things or
property being claimed by the client and the latter
agrees to pay the former a portion of the
thing/property recovered as compensation. This
kind of contract is prohibited being contrary to
public policy.
2.
The amount of the contingent fee cannot be
increased to 80% because such amount is not
reasonable. A lawyer shall charge only fair and
reasonable fees.
Question No. 1 (2014)
Judge A is a close friend of Governor G. On several
occasions Judge A would borrow the vehicles from
the Office of the Governor to travel to his judicial
station. Judges A actuation: (1%)
(A) Violates the canon on propriety
(B) Creates an appearance of an improper
connection with the executive branch
(C) Is downright unethical
ANSWER :
(A) Violates the canon on Propriety
Question No. 12 (2014) Attorneys Fees
A inherited a parcel of land situated in Batasan Hills
which is occupied by informal settlers. He wants to
eject the occupants, but he has no financial means
to pursue the ejectment case. He contracted the
services of Atty. B, who agreed to defray all the
expenses of the suit on the condition that he will be
paid one-half (1/2) of the property to be recovered
as his compensation. What is this kind of attorneys
fees? Can Atty. B enforce this contract against A?
What are the respective remedies relative to the
collection of attorneys fees, if any, of A and Atty. B
against each other?
SUGGESTED ANSWER:
This is a champertous fee agreement
because Atty. B agreed to defray all the expenses
of the action and will be paid only if he is
successful in recovering As property. Atty. B
cannot enforce it because it is contrary to public
55
policy and the ethics of the legal profession. The
remedy of A is to file an action to have the
agreement null and void, or simply to refuse to pay
attorneys fees to Atty. B on the basis of the said
agreement. On the other hand, Atty. B will still be
entitled to collect attorneys fees on a quantum
meruit basis. He may bring an action to collect
such fees.
Question No. 13 (2014) Attorneys Fees
M engaged the services of Atty. D to prosecute his
annulment of marriage case in the Regional Trial
Court (RTC). After a long-drawn trial, Atty. D was
able to secure a favorable judgment from the court.
Unfortunately, M failed to pay in full the stipulated
attorneys fees of Atty. D. How can Atty. D collect
his fees from M? Discuss fully.
SUGGESTED ANSWER:
HE can collect his fees either by filing a
motion in the annulment of marriage case that he
handled, and to order M to pay the same, or he
can file a separate action for the recovery of his
attorneys fees. Of the two, the first is preferable
because the judge in the annulment case will be in
a better position to evaluate the amount and value
of his services. In the meantime, he may avail of
the retaining lien, which is to retain the moneys
and properties of M in his possession until he is
paid for his services, or a charging lien, which is to
charge any money judgment in the case for the
payment of his fees.
Question No. 25 (2014)
Judge A has an illicit relationship with B, his Branch
Clerk of Court.C, the wife of Judge A, discovered the
illicit affair and consulted a lawyer tovindicate her
violated marital rights. If you were that lawyer,
what wouldyou advice C, and if she agrees and asks
you to proceed to take action, whatis the legal
procedure that you should follow? Discuss fully.
(4%)
SUGGESTED ANSWER:
I will advise her to file an administrative
case against Judge A with the Supreme Court. I can
tell her that she can also file civil or criminal
actions against him. But an administrative case is
 Compiled by BSU-Law, 3rd Year students SY 2015-16
confidential in nature and will not unnecessarily
drag the name and reputation of the court into the
picture.
Question No. 26 (2014)
(6%)
(A) If an attorney has been granted by his client full
authority to
enter into an amicable settlement with the other
party, may the client later on
refuse to honor the amicable settlement forged by
his attorney? Explain.
(B) In such instance as in (A) above, can the lawyer
withdraw from
the case and collect in full his contracted attorneys
fees? Why or why not?
SUGGESTED ANSWER:
(A) A compromise agreement effected by a client or by
his attorney with special authority from him has
upon the parties the effect of res judicata. The
client cannot refuse to honor the amicable
settlement forged by lawyer unless if the lawyer
has gone beyond the limits of the authority
granted him by his client.
The lawyer can withdraw from the case on the
ground that the client is pursuing an act or
immoral illegal course of action by not honoring a
compromise agreement validly entered into. He
may recover his contracted attorneys fees in full
because, after all, he has performed all the
services required of him. It is his clients fault for
refusing to honor the amicable settlement forged.
Question No. 28 (2014)
Atty. Forma is a member of the Philippine Bar. He
went to New York City, took the New York State
Bar, and passed the same. He then practiced in New
York City. One of his American clients filed a case
for disbarment against him for pocketing the money
which was entrusted to him as payment for the
filing fee and other incidental expenses of his
damage suit. Atty. Forma was later disbarred for
dishonesty. Disheartened, Atty. Forma came back to
the Philippines and practiced as a lawyer. Will his
disbarment in New York be used against him for
purposes of disbarment proceedings here in the
Philippines? (4%)
SUGGESTED ANSWER:
Atty. Forma may be disbarred in the
Philippines if the ground for his disbarment in New
York is also a ground for disbarment in this
56
country. But he is still entitled to due process of
law, and the foreign courts judgment against him
only constitutes prima facie evidence of unethical
conduct as a lawyer. He is entitled to be given an
opportunity to defend himself in an investigation
to be conducted in accordance with Rule 139 of
the Revised Rules of Court (In Re: Suspension from
the Practice of Law in the Territory of Guam of
Atty.LeonMaquera, B.M. 793, July 30, 2004, 435
SCRA 417, Velez vs. De Vera, A.C. No. 6697, July 25,
2006)
Question No. 1 (2006) Law Profession, Officer of the
Court
1. Why is law a profession and not a trade? 2.5%
2. Why is an attorney considered an officer of the
court? 2.5%
Suggested Answer:
1.
Law is profession and not a trade because of the
following characteristics of the law profession not
normally found in trade:
a. The law profession is characterized by a duty of
service, of which the emolument is a by-product
and in which one may attain the highest eminence
without making such money;
b. It involves a relation as an officer of court to
the administration of justice involving thorough
sincerity, integrity and reliability;
c. It involves a relation to clients in the highest
degree of fiduciary;
d. It involves a relation to colleagues at the bar
characterized by candor, fairness and
unwillingness to resort to current business
methods of advertising and encroachment on their
practice or dealing with their clients.
2.
An attorney is considered an officer of the court
because he directly participates in the
administration of justice. Through him, the judicial
machinery is set on motion by his filing of cases in
court on which the judge is called upon to act. If
there are no lawyers, courts cannot operate or
dispense justice. His intimate and indispensable
relationship to the court makes him a part of the
court.
Question No. 2 (2006 )Practicing Lawyer, Trial
Lawyer, Law Student
 Compiled by BSU-Law, 3rd Year students SY 2015-16
1. Is there a distinction between practicing
lawyer and trial lawyer? 2.5%
2. Enumerate the instances when a law student
may appear in court as counsel for a litigant. 2.5%
Suggested Answer:
II.
1.
Yes. Trial lawyer personally handles cases in court
which means engaging in actual work either for the
prosecution or defense of cases of clients. On the
other hand, practicing lawyer refers to one
engaged in the practice of law. The term
practicing lawyer is broader and includes a trial
lawyer. In other words, all trial lawyers are
practicing lawyers, but not all practicing lawyers
are trial lawyers.
2.
The instances when a law student may appear in
court as counsel are as follows:
a. If he is a party to the litigation;
b. In cases before the Municipal Trial Court, he
may be appointed by his friend who has a case
therein;
c. In a criminal case before the Municipal Trial
Court in a locality where a duly licensed member of
the Bar is not available, the judge may appoint him
if he is:
1. Resident of the province;
2. Of good repute for probity and ability to aid the
accused in his defense;
d. If he is a senior law student who is enrolled in a
recognized law schools clinical education program
approved by the Supreme Court. He shall be under
the direct supervision and control of an IBP
member duly accredited by the law school;
e. He may appear before the National Labor
Relations Commission or any Labor Arbiter, if he
represents his organization or members thereof;
f. He can represent a claimant before the Cadastral
Court
Question No. 3 (2006) Suspended Lawyer
57
1. The Supreme Court suspended indefinitely Atty.
Fernandez from the practice of law for gross
immorality. He asked the Municipal Circuit Trial
Court Judge of his town if he can be appointed
counsel de oficio for Tony, a childhood friend who
is accused of theft. The judge refused because
Atty. Fernandezs name appears in the Supreme
Courts List of Suspended Lawyers. Atty. Fernandez
then inquired if he can appear as a friend for Tony
to defend him.
If you were the judge, will you authorize him to
appear in your court as a friend for Tony? 5%
2. Supposing Tony is a defendant in a civil case for
collection of sum of money before the same court,
can Atty. Fernandez appear for him to conduct his
litigation? 5%
Suggested Answer
III.
1.
I will authorize Atty. Fernandez to appear in my
court as a friend of Tony. The Rules of Court
provide that in cases before the Municipal Trial
Court, a person who has a case therein may
appoint a friend (whether a lawyer or not) to
conduct the litigation. The suspension of Atty.
Fernandez, therefore, is not a hindrance to
represent his friend because even non-lawyers
may appear before the MTC.
2.
Yes. The abovementioned rule makes no
distinction between a criminal case and a civil case
Question No. 4 (2006) Senior Citizen Lawyer
Atty. Oldie, 80 years old, refuses to pay his IBP
dues. He argues he is a senior citizen and semi-
retired from the practice of law. Therefore, he
should be exempt from paying IBP dues.
1. Is his argument correct? 3%
For the same reasons, Atty. Oldie also insists that
he should be exempt from the Mandatory
Continuing Legal Education (MCLE) requirements.
2. Should he be exempt? 3%
Suggested Answer:
 Compiled by BSU-Law, 3rd Year students SY 2015-16
1.
His argument is not correct. Although he is already
80 years old, he has not yet retired. And because
he has not yet retired, he is still required to pay his
membership dues.
2.
He should not also be exempt for the same reason
stated above, that is, he has not yet retired. If a
lawyer is still actively engaged in the practice of
law, he is required to comply with the MCLE. Being
a senior citizen is not one of the exemptions.
Question No. 5 (2006) Exorbitant Appearance Fees
Myrna, petitioner in a case for custody of children
against her husband, sought advice from Atty.
Mendoza whom she met at a party. She informed
Atty. Mendoza that her lawyer, Atty. Khan, has
been charging her exorbitant appearance fees
when all he does is move for postponements
which have unduly delayed the proceedings; and
that recently, she learned that Atty. Khan
approached her husband asking for a huge amount
in exchange for the withdrawal of her Motion for
Issuance of Hold Departure Order so that he and
his children can leave for abroad.
1. Is it ethical for Atty. Mendoza to advise Myrna to
terminate the services of Atty. Khan and hire him
instead for a reasonable attorneys fees? 5%
2. What should Atty. Mendoza do about the
information relayed to him by Myrna that Atty.
Khan approached her husband with an indecent
proposal? 5%
Suggested Answer:
V.
1.
It is not ethical for Atty. Mendoza to advise Myrna
to terminate the services of Atty. Khan and hire
him instead for a reasonable attorneys fees.
This is tantamount to improper solicitation of legal
business as he is encroaching upon the
professional employment of another lawyer. The
Code of Professional Responsibility is explicit that a
lawyer shall not, directly or indirectly, encroach
upon the professional employment of another
lawyer.
2.
58
I would advice Myrna to report Atty. Khan to the
Supreme Court or to the IBP. Such act of Mr. Khan
is deceitful and deserves a disciplinary sanction
from the Supreme Court.
Question No. 6 (2006) Ignorant of the Applicable Laws
In his petition for certiorari filed with the Supreme
Court, Atty. Dizon alleged that Atty. Padilla, a legal
researcher in the Court of Appeals, drafted the
assailed Decision; that he is ignorant of the
applicable laws; and that he should be disbarred.
Can Atty. Dizon, in castigating Atty. Padilla, be held
liable for unethical conduct against the Court of
Appeals? 5%
Suggested Answer:
=
VI.
Yes. The Code of Professional Responsibility
provides that a lawyer shall not, in his professional
dealings, use language which is abusive, offensive
or otherwise improper. Atty. Dizons allegations
are personal in nature and have no place in a
petition for certiorari.
Question No. 7 (2006) Does Not Believe in the Position of
the Client
Provincial Prosecutor Bonifacio refused to represent
the Municipality of San Vicente in a case for
collection of taxes. He explained that he cannot
handle the case with sincerity and industry because
he does not believe in the position taken by the
municipality.
Can Prosecutor Bonifacio be sanctioned
administratively? 5%
Suggested Answer:
VII.
Yes. A government lawyer, who under the law, is
required to represent the government should not
refuse to appear for them. A prosecutor cannot
refuse the performance of his functions on
grounds not provided for by law without violating
his oath of office. He cannot allow his personal
beliefs to interfere with his duties.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Question No. 8 (2006) Prosecutor Failed to Reappear in
Family Court
Prosecutor Coronel entered his appearance on
behalf of the State before a Family Court in a case
for declaration of nullity of marriage, but he failed
to appear in all the subsequent proceedings.
When required by the Department of Justice to
explain, he argued that the parties in the case were
ably represented by their respective counsels and
that his time would be better employed in more
substantial prosecutorial functions, such as
investigations, inquests and appearances in court
hearings.
Is Atty. Coronels explanation tenable? 5%
Suggested Answer:
VIII.
No. The State has an interest in cases for
declaration of nullity of marriages. The prosecutor
representing the State in these cases has a duty to
protect this interest. This duty is as important as
his other duties. Besides, if Prosecutor Coronel
cannot attend the proceedings, he should have
informed this to his superiors so that appropriate
action will be made.
Question No. 9 (2006) Acquiescence
Atty. Marie consulted Atty. Hernandez whether she
can successfully prosecute her case for declaration
of nullity of marriage she intends to file against her
husband. Atty. Hernandez advised her in writing
that the case will not prosper for the reasons stated
therein. Atty. Marie, however, decided to file the
case and engaged the services of another lawyer,
Atty. Pe. Her husband, Noel, having learned about
the opinion of Atty. Hernandez, hired him as his
lawyer.
Is Atty. Hernandezs acquiescence to be Noels
counsel ethical? 3%
Suggested Answer:
IX.
No. A lawyer shall not represent conflicting
interests. The consultation made by Atty. Marie to
Atty. Hernaez created an attorney-client
relationship between them. This precludes Atty.
Hernaez from accepting the opposite partys
59
retainer regardless of what was received by him
from his first client.
Question No. 10 (2006) Attorney-Client Privilege
In the course of a drinking spree with Atty. Holgado
who has always been his counsel in business deals,
Simon bragged about his recent sexual adventures
with socialites known for their expensive tastes.
When Atty. Holgado asked Simon how he manages
to finance his escapades, the latter answered that
he has been using the bank deposits of rich clients
of Banco Filipino where he works as manager.
Is Simons revelation to Atty. Holgado covered by
the attorney-client privilege? 5%
Suggested Answer:
X.
Simons revelation to Atty. Holgado is not covered
by the attorney-client privilege because it was not
made in the course of professional employment.
Question No. 11 (2006) Contingent Fee
The contract of attorneys fees entered into by Atty.
Quintos and his client, Susan, stipulates that if a
judgment is rendered in her favor, he gets 60% of
the property recovered as contingent fee. In turn,
he will assume payment of all expenses of the
litigation.
1. Is the agreement valid? 2.5%
2. May Atty. Quintos and Susan increase the
amount of the contingent fee to 80%? 2.5%
Suggested Answer:
XI.
1.
The agreement, which is in the nature of a
champertous contract, is not valid. A champertous
contract is one where the lawyer stipulates with
his client that in the prosecution of the case, he
will bear all the expenses for the recovery of things
or property being claimed by the client and the
latter agrees to pay the former a portion of the
thing/property recovered as compensation. This
kind of contract is prohibited being contrary to
public policy.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
2.
The amount of the contingent fee cannot be
increased to 80% because such amount is not
reasonable. A lawyer shall charge only fair and
reasonable fees.
Question No. 12 (2006) Assumpsit, Client Refuse to Pay His
Lawyer in Full
1. What is assumpsit and when is it proper? 2%
2. Give 4 instances when a client may validly refuse
to pay his lawyer the full amount of attorneys fees
stipulated in their written contract. 4%
Suggested Answer:
XII.
1.Assumpsit refers to an undertaking, either express
or implied, to perform a parol agreement.
2.Four instances when a client may validly refuse to
pay his lawyer the full amount of attorneys fees
stipulated in their written contract are as follows:
a. When the stipulated fees are found
unconscionable or unreasonable by the court;
b. When the contract for attorneys fees is void due
to purely formal matters or defects of execution;
c. When the counsel, for justifiable cause, was not
able to finish the case to its conclusion;
d. When lawyer and client disregard the contract for
attorneys fees.
Question No. 13 (2006) Primary Duties
What are the primary duties imposed by the
Lawyers Oath upon every member of the Bar? 5%
Suggested Answer:
XIII.
The primary duties imposed by the Lawyers Oath
upon every member of the Bar are the following:
a. Maintain allegiance to the Republic of the
Philippines;
b. Support its constitution and obey the laws as well
as the legal orders of the duly constituted
authorities therein;
c. Do no falsehood, nor consent to the doing of any
60
in court;
d. Not willingly nor wittingly promote or sue any
groundless, false or unlawful suit, or give aid nor
consent to the same;
e. Delay no man for money or malice;
f. Conduct himself as a lawyer according to the best
of his knowledge and discretion, with all good
fidelity as well to the court as to his clients.
Question No. 14 (2006). Automatic Disbarment
Atty. Perez was admitted as a member of the New
York Bar.
While in Manhattan, he was convicted of estafa and
was disbarred.
Does his disbarment in New York a ground for his
automatic disbarment in the Philippines? 2.5%
Suggested Answer:
XIV.
No. Automatically disbarring Atty. Perez here in the
Philippines will violate his right to due process.
Question No. 15 (2006) Grounds for Disbarment
Which of the following acts does not constitute a
ground for disbarment? Explain. 2.5%
1. Gross misconduct
2. Fraudulent misrepresentation
3. Grossly immoral conduct
4. Violation of the Lawyers Oath
5. Willful disobedience to a lawful order of the
Supreme Court
6. Malpractice
7. Appearance of a non-lawyer as an attorney for a
litigant in a case
Question No. 8 (2012) IBP- Non-Political Bar
Atty. Aga was appointed as Treasurer by the IBP
President with the approval of the Board of
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Governors for a term coterminous with that of the
President. A year thereafter, Atty. Aga ran as
Barangay Chairman of their place, and took a leave
of absence for two (2) weeks to campaign. May
Atty. Aga re-assume as Treasurer after his leave of
absence?
a. Yes, since he lost in the election.
b. No, because he was deemed resigned upon
filing of his certificate of candidacy.
c. Yes, because his position as Treasurer is
coterminous with the President of the I BP.
d. No, because he should first seek the
approval of the IBP Board of Governors before
running as Brgy. Chairman.
Question No. 9 (2012) Who may prosecute Crim
Pro
Atty. Magtanggol of the PAO was assigned to
defend X who is accused of Slight Physical Injury
before the MTC of a far-flung town. During the trial,
P02 Tulco appeared in court on behalf of the
complainant. Atty. Magtanggol objected to his
appearance since the policeman is not a member of
the Bar.
a. The objection is valid. It should be the
public prosecutor who should prosecute the
criminal action.
b. Atty. Magtanggol is just afraid that his client may be
convicted through the efforts of a non-lawyer.
c. In the courts of a municipality, a party may conduct
his litigation in person or with the aid of an agent or
friend.
d. If a public prosecutor is not available, at least a
private prosecutor who must be a lawyer should be
designated.
Bonus (the question is vague. Moreover, options b,
c and d are unresponsive to the question)
Question No. 10 (2012) appointment of attorney
Bong Tupak, a second year law student, was
charged in the RTC for Forcible Abduction with
Rape. Having knowledge of criminal law and
procedure, he dismissed the counsel de oficio
assigned and appeared for himself. He asserted that
there was lack of force. Eventually, the RTC found
him guilty of Consented Abduction and imposed the
penalty. Bong Tupak now assails the decision,
saying that there was a violation of due process
because he was allowed to appear by himself and
he did not know that Consented Abduction is a
crime. Decide.
61
a. An accused before the RTC may opt to
defend himself in person and he cannot fault others
for his decision.
b. The RTC should have appointed a counsel
de oficio to assist the accused even if not sought or
requested by the accused.
c. There was violation of due process. There is
disparity between the expertise of a public
prosecutor and the inexperience of a 2nd year law
student.
d. A 2nd year law student has sufficient
knowledge of criminal law and procedure, hence,
he is competent to defend himself.
Question No. 12 (2012) Law student practice rule
Debbie, topnotcher of their class, is now on her 4th
year law studies and has enrolled in the legal aid
clinic of the law school. She was assigned to handle
a domestic violence and support case filed by their
client against her husband. During the hearing, the
clinic's supervising attorney introduced Debbie to
the Branch Clerk of Court and then left to oversee
another intern. In the midst of the proceedings,
opposing counsel objected to the appearance of
Debbie because she is not yet a lawyer. Decide.
a. Debbie can proceed because the law
student practice rule allows a student who has
finished 3rd year of the regular course to appear
without compensation before a trial court.
b. Debbie can proceed since she is appearing
only during the trial and did not sign the pleadings.
c. Debbie cannot proceed without the
presence of their clinic's supervising attorney.
d. Debbie has proven her capability to handle
the case and opposing counsel is objecting only now
because he might lose to a law student.
Question No. 13 (2012) Conflict of Interest
Atty. Quiso was the retained counsel for Alfa
Security Agency and handled all the cases involving
the company. Adam, the Assistant Manager of the
agency, hired Atty. Quiso when he was sued in an
ejectment case. Later, Adam was fired from the
agency. Adam did not return a vehicle and so, Atty.
Quiso - as counsel for the security agency - filed a
replevin suit Adam moved for Atty. Quiso's
disqualification considering that the ejectment case
is still pending. Is there conflict of interest?
a. No, the cases are totally unrelated and
there is no occasion to unduly use confidential
information acquired from one case in the other.
b. No, Atty. Quiso is duty bound to handle a !I
cases of his client, including the replevin case
against Adam.
 Compiled by BSU-Law, 3rd Year students SY 2015-16
c. Yes, proscription is against representation
of opposing parties who are present clients or in an
unrelated action.
d. Yes, Atty. Quiso must withdraw as counsel
for Adam, otherwise he will lose his retainer
Question No. 14 (2012) conflict of Interest
Mr. Joseph, owner of an investment house,
consulted a friend , Atty. Miro, about a potential
criminal act1on against him because he cannot pay
investors due to temporary liquidity problems. Atty.
Miro asked Mr. Joseph to transfer to him all assets
of the firm and he will take charge of settling the
claims and getting quitclaims. A month later, Mr.
Joseph was surprised to receive a demand letter
from Atty. Miro , as counsel for all the claimants ,
for the pay back of their investments. After a while,
Mr. Joseph received releases and quitclaims from
the investors, with desistance from filing criminal
action against him. Atty. Miro later told Mr. Joseph
that he sent the demand letter so he can claim
attorney's fee. Was there a conflict of interest?
a. No, there was no formal engagement of
Atty. Miro as counsel for Mr. Joseph.
b. Yes, by giving legal advice to Mr. Joseph,
the latter became a client of Atty. Miro.
c. No, there is no attorney-client relationship
between Mr. Joseph and Atty. Miro as no
attorney's fee was charged nor paid to the latter.
d. Yes, because Atty. Miro was representing
Mr. Joseph when he disposed the assets to pay off
the claims.
Question No. 15 (2012) Membership in IBP
Atty. Gelly passed the Bar 1n 1975. After taking his
oath, he did not enlist in any IBP chapter because
he went to the USA to pursue a Master's Degree.
Eventually, he passed the state bar and specialized
in lmmigration law. In 2005. he returned to the
Philippines and was but the IBP is charging him from
1975 up to the present and threatening him with
expulsion if he does not comply. Is the IBP correct?
a. Atty. Gelly cannot be compelled to pay the
IBP dues because he was not engaged in the
practice of law from 1975-2005.
b. Atty. Gelly is exempt from 1975-2005
because he was out of the country.
c. Atty. Gelly should pay the dues from 1975
to the present since membership in the IBP is
compulsary.
d. Atty. Gelly should not pay because the rule
on bar integration is unconstitutional for compelling
a lawyer to join an association.
Question No. 16 (2012) quantum meruit
62
Mr. Joey owns a 5-hectare parcel of land which is
being expropriated as market site. The government
is offering only Php 15 per sqm while Mr. Joey
deserves Php 20 per sqm. Atty. AI agreed to
represent Mr. Joey in the expropriation case on
contingent basis in that his attorney's fees shall be
the excess of Php 20 per sqm. Due to expert
handling, the expropriation court awarded Mr. Joey
the fair market value of Php 35 per sqm. Mr. Joey
complained to the court that the attorney's fee
being charged is excessive as it amounts to about
63/o of the award. Decide.
a. A retainer's agreement, as a contract, has
the force of law between the parties and must be
complied with in good faith.
b. It was the excellent handling of the case
that resulted in a bigger award; hence, it is fair that
Atty. AI should be rewarded with the excess.
c. Mr. Joey got the desired valuation for his
land. So, he must honor his contract with Atty. AI.
d. Attorney's fees is always subject to court
supervision and may be reduced by the court based
on quantum meruit
Question No. 17 (2012) Change of attorney
Atty. Atras was the counsel for Mr. Abante. Soon
after the case was submitted for decision, Mr.
Abante got the files and informed Atty. Atras that
he was hiring another lawyer. On that same day, a
copy of the decision was received by Atty. Atras but
he did not do anything anymore. He also' failed to
file his withdrawal, and no appearance was made
by the new counsel. When Mr. Abante found out
about the adverse decision, the period to appeal
had lapsed. Was service to Atty. Atras effective?
a. Yes, Atty. Atras is still considered the
counsel of record until his withdrawal of
appearance has been actually filed and granted.
b. Service should be done on Mr. Abante
because he had already severed lawyer-client
relationship with Atty. Atras.
c. Service should be done on the new counsel
as soon as he enters his appearance.
d. Service upon Atty. Atras is not effective
because his services have already been terminated
by the client.
Question No. 19 (2012) conflict of interest
Atty. Juan Cruz of the Cruz, Cruz and Cruz Law
Office personally handled a damage case of Mr.
Gonzalo which resulted in an award of Php
500,000.00. The writ of execution was served by
Sheriff Onoy, but resulted in recovery of only Php
70,000.00. Mr. Gonzalo was unsatisfied and filed an
administrative complaint. When informed, Sheriff
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Onoy berated and threatened Mr. Gonzalo; and for
this, the Sheriff was charged with Grave Threat.
Atty. Pedro Cruz of the same Cruz, Ciuz and Cruz
Law Office appeared as defense counsel pro bono.
Mr. Gonzalo seeks his disqualification. Decide.
a. No conflict of interest. The Grave
Threat case arose out of a
different factual scenario.
b. There is conflict of interest
because both Atty. Juan Cruz and
Atty. Pedro Cruz belong to one law
office.
c. No conflict of interest since the
court case was wholly handled by
Atty. Juan Cruz. The law office did
not participate in any way.
d. No conflict of interest. No
likelihood that information in the
civil case can be used in the
criminal case.
Question No. 20 (2012) attorney-client privilege
Atty. Lorna, a legal officer of a government agency,
and Chona, a nurse in the medical department,
were best friends. At one time, Chona consulted
Atty. Lorna about a legal matter, revealing that she
is living with a married man and that she has a child
out of wedlock fathered by another man. Later, the
relation between Atty. Lorna and Chona soured.
When Chona applied for promotion, Atty. Lorna
filed immorality charges against Chona utilizing
solely the disclosure by the latter of her private life.
Chona objected and invoked confidentiality of
information from attorney-client relationship.
Decide.
a. There is no attorney-client
relationship because, being in the
government, Atty. Lorna is
disallowed from practicing her
profession.
b. No lawyer-client relationship
privilege because the information
was given as a friend, and not as a
lawyer.
c. Personal secrets revealed to Atty.
Lorna for the purpose of seeking
legal. advice is covered by
attorney-client privilege.
d. There is no attorney-client
relationship because no attorney's
fee was paid to Atty. Lorna.
Question No. 21 (2012) Solicitation
Atty. Nelson recently passed the Bar and wanted to
specialize in marine labor law. He gave out calling
63
cards with his name, address and telephone
number in front, and the following words at the
back: "We provide legal assistance to overseas
seamen who are repatriated due to accident,
illness, injury, or death. We also offer FINANCIAL
ASSISTANCE." Does this constitute ethical
misconduct?
a. No, clients have freedom in the
selection of their counsel.
b. No, use of a professional card is a
lawful way of announcing his
services as a professional.
c. Yes, because the offer of financial
assistance is an undignified way of
luring clients.
d. Yes, because the offer of
assistance is stated at the back.
Question No. 22 (2012) Competent evidence of
identity RNP
Which of these does not constitute competent
evidence of identity?
a. Passport;
b. SSS card;
c. Community Tax Certificate;
d. Senior Citizen Card.
Question No. 23 (2012) Death of lawyer doesnt
extinguish client-lawyer relationship
A recovery of ownership complaint was filed by the
Dedo and Dedo Law Firm, through Atty. Jose Dedo
as counsel. During all the phases of trial, it was Atty.
Jose Dedo who appeared. Unfortunately, Atty. Jose
Dedo died before completion of trial. Notices and
orders sent to the Dedo and Dedo Law Firm were
returned to the court with the manifestation that
Atty. Dedo already died and requesting the court to
directly send the matters to the client. Is this
proper?
a. No, the law firm- through another
lawyer - should continue to appear
for the client.
b. Yes, because the death of the
handling lawyer terminates the
attorney-client relationship.
c. Yes, because attorney's fees was
not paid to the law firm.
d. No, it will be unjust for the client
to pay another lawyer.
Question No. 24 (2012) Grounds for disbarment
Which of these is not a ground for disbarment?
 Compiled by BSU-Law, 3rd Year students SY 2015-16

a. Conviction of a crime involving voluntarily terminating his membership with the

moral turpitude. IBP. Should he be allowed?
b. Belligerent disobedience to a
lawful order of a trial court. a. No, because membership in IBP is
c. Malpractice or other gross compulsory for all lawyers.
misconduct in office. b. Yes, an erstwhile IBP member may
terminate his membership for
Grossly immoral conduct. good reasons.
c. No, that is only a ploy to evade
Question No. 26 (2012) Grounds for Disbarment payment of IBP dues.
d. Yes, it will violate his right not to
Atty. Aimee was convicted by final judgment of join an association.
Estafa Thru Falsification of a Commercial Document,
a crime involving moral turpitude. What is the Question No. 29 (2012) Board of Governors
appropriate penalty?
Who elects the members of the Board of Governors
a. Disbarment of the IBP?
b. Indefinite suspension
c. Suspension for three (3) years a. The Presidents of all IBP Chapters;
d. Admonition b. The members at large of the IBP;
c. The House of Delegates;
Question No. 27 (2012) Non-Political Bar d. The Past Presidents of all IBP
chapters.
During the IBP Chapter elections, the candidates for
President were Atty. EJ, a labor arbiter of the NLRC, Question No. 30 (2012) Officers
Fiscal RJ of the DOJ and Atty. Gani of the PAO. After
canvass, Fiscal RJ garnered the highest number of Who elects the President and Vice-President of the
votes, followed by Arbiter EJ and by Atty. Gani. The IBP?
winning Vice-President moved for the annulment of
the election for President because all the a. The President of all IBP Chapters;
candidates for President are government officials b. The IBP members voting at large;
and are disqualified. Decide. c. The Board of Governors;
d. The outgoing IBP officers.
a. The election for presidency is
invalid, and the elected Vice- Question No. 31 (2012) Disqualification of a judge
President shall assume the
Presidency by succession. A judge or judicial officer is disqualified to hear a
b. The election is a failure, and new case before him wherein a party is related to him by
elections should be held. consanguinity or affinity -
c. Fiscal RJ and Arbiter EJ are
disqualified. Atty. Gani should be a. up to the 6th degree;
declared winner. b. up to the 5th degree;
d. All the candidates who are c. up to the 4th degree;
government officials are deemed d. up to the 3rd degree.
resigned upon their acceptance of
nomination; and so, Fiscal RJ is Question No. 32 (2012) Disqualification of a judge
winner.
A judge or judicial .officer should inhibit himself
Question No. 28 (2012) Voluntary Termination of from hearing a case before him where the counsel
membership for either party is a relative by consanguinity or
affinity -
Atty. Edad is an 85 year old lawyer. He does not
practice law anymore. However, his IBP Chapter a. up to the 3rd degree;
continues to send him notices to pay his IBP dues of b. up to the 4th degree;
more than ten (1 0) years with warning that failure c. up to the 5th degree;
to comply will result in the removal of his name. d. up to the 6th degree.
Piqued by this, Atty. Edad filed with the IBP
Secretary a sworn letter notifying that he is Question No. 33 (2012) Good moral character

64
 Compiled by BSU-Law, 3rd Year students SY 2015-16
Victor has been legally separated from his wife,
Belen for fifteen (15) years. He has found true love
and happiness with Amor and they lived together as
husband and wife. Amor convinced Victor to study
law and gave him financial support. Recently, Victor
passed the 2011 Bar Examinations. Upon knowing
this, Belen filed a complaint against Victor for
immorality. Should Victor be allowed to take oath
as an attorney?
a. Yes, his relationship with Amor is
imbued with genuine love and
cannot be considered immoral and
indecent.
b. Yes, legal separation does not
allow the spouses to remarry.
c. No, because legal separation does
not dissolve the marriage and,
therefore, Victor's relationship
with Amor is still considered illicit.
d. Yes, it is totally unfair for Belen to
complain since they have lived
separate lives.
Question No. 34 (2012) Disqualification of judges
Judge Nacy personally witnessed a vehicular
accident near his house. Later, the Reckless
Imprudence case was raffled to his sala. Is there a
valid ground for his inhibition?
a. No. he is not acquainted nor
related with any of the parties or
lawyer.
b. No, his personal knowledge of
what actually happened will even
ensure that he will decide the case
justly on the basis of the true facts.
c. Yes, because a judge should decide
a case on the basis of the evidence
presented before him and not on
extraneous matters.
d. No, because there is no ground for
disqualification and no motion for
inhibition.
Question No. 35 (2012) Impropriety and
appearance of impropriety in all activities
Judge Ramon obtained a two (2) year car loan from
a financing company. He never paid a single
amortization. After the lapse of two (2) years, the
financing company filed an administrative
complaint against the judge for willful failure to pay
a just debt. Is the judge administratively liable?
65
a. No, since the loan is not connected
with his judicial function.
b. Yes, because a judge should avoid
impropriety or the appearance of
impropriety even in his private
dealings.
c. No, the financing company should
have availed of the remedy of
foreclosure.
d. No, because the administrative
charge is only meant to force the
judge to pay.
Question No. 36 (2012) Disqualification of a judge
Bong, son of Judge Rey, is a fourth year law student.
He helped his friend prepare an affidavit-complaint
for Violation of Batas Pambansa Big. 22. After
drafting, they showed it to Judge Rey who made
some corrections. Later, the BP 22 case was raffled
to Judge Rey who tried and convicted the accused.
Was there impropriety?
a. Yes, since Judge Rey was not a fair
and impartial judge.
b. No, the evidence for the
prosecution was strong and
sufficient to prove guilt beyond
reasonable doubt.
c. No, because any other judge
would also have convicted the
accused.
d. No, those matters were not known
to the accused
Question No. 37 (2012) Art. VI. Sec. 14
Atty. Fred is a law practitioner and headed a law
firm bearing his name and those of his partners.
When Atty. Fred was elected as Congressman, his
client's needs were handled by the other partners.
Later, A, a newly proclaimed congressman-friend ,
faced an election protest before the HRET, and
sought the help of Congressman Fred who
immediately directed his law firm to appear for A. 8,
the protestant, sought the disqualification of
Congressman Fred's law firm from appearing before
the HRET because Congressman Fred is prohibited
from practicing his profession. Decide.
a. Yes, Congressman Fred's law firm
is disqualified because
Congressman Fred may exercise
undue influence on his peers who
are members of HRET.
b. No, the law firm is not disqualified
because it is another partner, and
 Compiled by BSU-Law, 3rd Year students SY 2015-16
not Congressman Fred who is
appearing.
c. No, the prohibition is on
Congressman Fred from personally
appearing, and not to his partners.
d. Yes, the spirit of the prohibition is
clearly to avoid influence and
cannot be indirectly circumvented.
Question No. 38 (2012) Restriction on sanggunian
members
Vice-Mayor Ron is a well-loved law practitioner
because he assists his constituents, especially the
indigents. Ed, one of his friends who is employed as
Cashier in the Register of Deeds, sought his
assistance because he was charged with
Malversation in court. Can Vice-Mayor Ron appear
as counsel of Ed?
a. Yes, members of the Sanggunian
are allowed to practice their
profession.
b. No, because Ed is charged with an
offense in relation to his office.
c. Yes, since the position of Ed does
not pertain to the local
government.
d. No, because all criminal cases are
against the government.
Question No. 39 (2012) RA 7160
Atty. Noe was elected Vice-Governor and continued
with his law practice. Later, the governor went on
sick leave for one (1) year and Atty. Noe was
designated as Acting Governor. Since hearings have
already been set, can Atty. Noe continue appearing
as counsel in the cases handled by him?
a. Yes, because his election is only as
Vice-Governor, and his delegation
as Governor is only temporary.
b. Yes, but only for the hearings that
have already been set.
c. Yes, provided Atty. Noe seeks the
permission of DILG.
d. No, all governors- even under
acting capacity- are prohibited
from exercising their profession.
Question No. 40 (2012) Government lawyers
Atty. Dude is the COMELEC Officer in a very distant
municipality. He is. the only lawyer in that area.
When election period is over, he has much spare
time. Many people go to him for counseling, legal
advice, preparation of documents of Sale, Mortgage
and the like. He does not charge a fee in money, but
66
he receives gifts which are offered. Is there
impropriety?
a. Yes, giving legal advice and
preparing legal documents, even if
free, constitutes private practice of
law, which is prohibited of
government employees.
b. No, it is only giving of advices, and
not court appearance.
c. Yes, because Atty. Dude accepts
gifts.
d. No, since Atty. Dude does not
accept money.
Question No. 48 (2012) IBP Dues
For grave misconduct, a lawyer was suspended
from the practice of law indefinitely. Is he still
obliged to pay his IBP dues during his suspension?
a. Yes, as he continues to be a lawyer
and a member of the IBP.
b. No, because indefinite suspension
is practically disbarment.
c. No need to pay IBP dues because
he cannot practice anyway.
d. Pay only after the lifting of the
suspension, if it comes.
Question No. 49 (2012) Effect of amnesty
Because of his political beliefs, Atty. Guerra joined a
rebel group. Later, he was apprehended and
charged with Rebellion in court. A disbarment case
was also filed against him. While the case was
pending, the government approved a general
amnesty program and Atty. Guerra applied for and
was granted amnesty. Should the disbarment case
be also dismissed automatically?
a. Yes, because amnesty obliterates
the criminal act.
b. No, disciplinary action on lawyers
are sui generis and general penal
principles do not strictly apply.
c. No, a lawyer has the duty to
maintain allegiance to the Republic
of the Philippines and to support
the Constitution and obey the laws
of the Philippines.
d. Yes, if the Secretary of Justice
approves the dismissal.
Question No. 50 (2012) Ground for disbarment
Soon after Atty. Cesar passed the Philippine Bar in
1975, he also took the New York State Bar and
passed the same. He practiced law for 25 years in
 Compiled by BSU-Law, 3rd Year students SY 2015-16

the USA, but he was disbarred therein for insurance

fraud. He returned to the Philippines and started to
practice law. X, who knew about his New York
disbarment, filed a disbarment complaint with the
IBP. Decide.

a. The factual basis for the New York

disbarment which is deceit also
constitutes a ground for
disbarment in the Philippines.
b. The acts complained of happened
in a foreign country and cannot be
penalized here.
c. Norms of ethical behavior of
lawyers are the same worldwide.

A lawyer's fitness to become a lawyer must be

maintained wherever he may be.

67
 Compiled by BSU-Law, 3rd Year students SY 2015-16
2015 BAR QUESTIONS
I. Define the following terms:
a. counsel de oficio
b. counsel de parte
c. amicus curiae
d. attorney of record ( 4%)
II. In open court, accused Marla
manifested that she had already settled
in full the civil aspect of the criminal
case filed against her in the total
amount of P58,000.00. Marla further
alleged that she paid directly to private
complainant Jasmine the amount of
P25,000.00. The balance of P33,000.00
was delivered to Atty. Jeremiah,
Jasmine's lawyer, evidenced by a
receipt signed by Atty. Jeremiah
himself. However, Jasmine manifested
that she did not receive the amount of
P33,000.00 which Marla turned over to
Atty. Jeremiah. Despite Jasmine's
requests to tum over the money, Atty.
Jeremiah failed to do so. It was only
after Jasmine already filed an
administrative complaint against Atty.
Jeremiah that the latter finally paid the
P33,000.00 to the former, but in three
installment payments of Pl 1,000.00
each. Atty. Jeremiah claimed that he
decided to hold on to the P33,000.00 at
first because Jasmine had not yet paid
his attorney's fees. Is Atty. Jeremiah
administratively liable? Explain. (3%)
III. Maria and Atty. Evangeline met each
other and became good friends at
zumba class. One day, Maria
approached Atty. Evangeline for legal
advice. It turned out that Maria, a
nurse, previously worked in the Middle
East. So she could more easily leave for
work abroad, she declared in all her
documents that she was still single.
However, Maria was already married
with two children. Maria again had
plans to apply for work abroad but this
time, wished to have all her papers in
order. Atty. Evangeline, claiming that
she was already overloaded with other
cases, referred Maria's case to another
68
lawyer. Maria found it appalling that
after Atty. Evangeline had learned of
her secrets, the latter refused to handle
her case. Maria's friendship with Atty.
Evangeline permanently turned sour
after Maria filed an administrative case
against the latter for failing to return
borrowed jewelry. Atty. Evangeline, on
the other hand, threatened to charge
Maria with a criminal case for
falsification of public documents, based
on the disclosures Maria had earlier
made to Atty. Evangeline.
a. Was the consultation of Maria
with Atty. Evangeline considered
privileged? ( 1 % )
b. What are the factors to establish
the existence of attorney-client
privilege? (3 % )
IV. The Lawyer's Oath is a source of
obligation and its violation is a ground
for suspension, disbarment, or other
disciplinary action. State in substance
the Lawyer's Oath. (3%)
V. Judge Ana P. Sevillano had an issue with
the billings for the post-paid cellular
phone services of her 16-year-old
daughter for the last three consecutive
months. Although Judge Sevillano had
been repeatedly calling the Customer
Service Hotline of Universal Telecoms,
the billings issue was never fully settled
to Judge Sevillano's satisfaction. Finally,
Judge Sevillano wrote the National
Telecommunications Commission a
letter of complaint against Universal
Telecoms, using her official court
stationery and signing the letter as
"Judge Ana P. Sevillano." Did Judge
Sevillano violate any professional or
ethical standard for judges? Justify your
answer. (3%)
VI. Casper Solis graduated with a Bachelor
of Laws degree from Achieve University
in 2000 and took and passed the bar
examinations given that same year.
Casper passed the bar examinations
 Compiled by BSU-Law, 3rd Year students SY 2015-16
and took the Attorney's Oath together
with other successful bar examinees on
March 19, 2001 at the Philippine
International Convention Center (PICC).
He was scheduled to sign the Roll of
Attorneys on May 24, 2001 but he
misplaced the Notice to Sign the Roll of
Attorneys sent by the Office of the Bar
Confidant after he went home to the
province for a vacation. Since taking his
oath in 2001, Casper had been
employed by several law firms and
private corporations, mainly doing
corporate and taxation work. When
attending a seminar as part of his
Mandatory Continuing Legal Education
in 2003, Casper was unable to provide
his roll number. Seven years later in
2010, Casper filed a Petition praying
that he be allowed to sign the Roll of
Attorneys. Casper alleged good faith,
initially believing that he had already
signed the Roll before entering PICC for
his oath-taking on March 19, 2001.
a. Can Casper already be considered
a member of the Bar and be allowed to
use the title of "attorney"? Explain. ( 1
%)
b. Did Casper commit any
professional or ethical transgression for
which he could be held administratively
liable? (2%)
c. Will you grant Casper's Petition to
belatedly sign the Roll of Attorneys?
Why? (2%)
VII. Cite some of the characteristics of the
legal profession which distinguish it
from business. ( 4 % )
VIII. Engr. Gilbert referred his friends,
spouses Richard and Cindy Maylupa, to
Atty. Jane for the institution of an
action for partition of the estate of
Richard's deceased father. In a letter,
Atty. Jane promised to give Engr.
Gilbert a commission equivalent to 15%
of the attorney's fees she would receive
from the spouses Maylupa. Atty. Jane,
however, failed to pay Engr. Gilbert the
69
promised commission despite already
terminating the action for partition and
receiving attorney's fees amounting to
about P600,000.00. Engr. Gilbert
repeatedly demanded payment of his
commission but Atty. Jane ignored him.
May Atty. Jane professionally or
ethically promise a commission to Engr.
Gilbert? Explain. (3%)
IX. a. Explain the doctrine of quantum
meruit in determining the amount of
attorney's fees. (2%)
b. Identify the factors to be considered
in determining attorney's fees on a
quantum meruit basis. (2%)
X. The spouses Manuel were the
registered owners of a parcel of land
measuring about 200,000 square
meters. On May 4, 2008, the spouses
Manuel sold the land for ll3,500,000.00
to the spouses Rivera who were issued
a certificate of title for said land in their
names. Because the spouses Rivera
failed to pay the balance of the
purchase price for the land, the spouses
Manuel, through Atty. Enriquez,
instituted an action on March 18, 2010
before the Regional Trial Court (RTC) for
sum of money and/or annulment of
sale, docketed as Civil Case No. 1111.
The complaint in Civil Case No. 1111
specifically alleged that Atty. Enriquez
would be paid ll200,000.00 as
attorney's fees on a contingency basis.
The RTC subsequently promulgated its
decision upholding the sale of the land
to the spouses Rivera. Atty. Enriquez
timely filed an appeal on behalf of the
spouses Manuel before the Court of
Appeals. The appellate court found for
the spouses Manuel, declared the sale
of the land to the spouses Rivera null
and void, and ordered the cancellation
of the spouses Rivera's certificate of
title for the land. The Supreme Court
dismissed the spouses Rivera's appeal
for lack of merit. With the finality of
 Compiled by BSU-Law, 3rd Year students SY 2015-16
judgment in Civil Case No. 1111 on
October 20, 2014, Atty. Enriquez filed a
motion for the issuance of a writ of
execution.
Meanwhile, the spouses Rivera filed
on November 10, 2014 before the RTC a
case for quieting of title against the
spouses Manuel, docketed as Civil Case
No. 2222. The spouses Manuel, again
through Atty. Enriquez, filed a motion
to dismiss Civil Case No. 2222 on the
ground of res judicata given the final
judgment in Civil Case No. 1111.
Pending the resolution of the
motion to dismiss in Civil Case No.
2222, the RTC granted on February 9,
2015 the motion for issuance of a writ
of execution in Civil Case No. 1111 and
placed the spouses Manuel in
possession of the land. Atty. Enriquez,
based on a purported oral agreement
with the spouses Manuel, laid claim to
Y2 of the land, measuring 100,000.00
square meters with market value of
Pl,750,000.00, as his attorney's fees.
Atty. Enriquez caused the subdivision of
the land in two equal portions and
entered into the half he appropriated
for himself. Based on the professional
and ethical standards for lawyers, may
Atty. Enriquez claim Yi of the land as his
contingency fee? Why? (4%)
XI. Atty. Belinda appeared as counsel for
accused Popoy in a case being heard
before Judge Tadhana. After Popoy was
arraigned, Atty. Belinda moved for a
resetting of the pre-trial conference.
This visibly irked Judge Tadhana and so
before Atty. Belinda could finish her
statement, Judge Tadhana cut her off
by saying that if she was not prepared
to handle the case, then he could easily
assign a counsel de oficio for Popoy.
Judge Tadhana also uttered that Atty.
Belinda was wasting the precious time
of the court. Atty. Belinda tried to
explain that she was capable of
handling the case but before she could
finish her explanation, Judge Tadhana
again cut her off and accused her of
70
always making excuses for her
incompetence. Judge Tadhana even
declared that he did not care if Atty.
Belinda filed a thousand administrative
cases against him. According to Atty.
Belinda, Judge Tadhana had also
humiliated her like that in the past for
the flimsiest of reasons. Even Atty.
Belinda's clients were not spared from
Judge Tadhana's wrath as he often
scolded witnesses who failed to
respond immediately to questions
asked of them on the witness stand.
Atty. Belinda filed an administrative
case against Judge Tadhana. Do the acts
of Judge Tadhana as described above
constitute a violation of the Code of
Judicial Conduct? Explain. (3%)
XII. a. What is the best form of advertising
possible for a lawyer? (2%)
b. What are the allowable or
permissible forms of advertising by a
lawyer? (3%)
XIII. In a land registration case before Judge
Lucio, the petitioner is represented by
the second cousin of Judge Lucio's wife.
a. Differentiate between
compulsory and voluntary
disqualification and determine if Judge
Lucio should disqualify himself under
either circumstance. (3%)
b. If none of the parties move for
his disqualification, may Judge Lucio
proceed with the case? (2%)
XIV. XIV. Identify and briefly explain three of
the canons under the New Code of
Judicial Conduct for the Philippine
Judiciary. (6%)
XV. Jon served as Chief Executive Officer
(CEO) of PBB Cars, Inc. (PBB), a family-
owned corporation engaged in the
buying and selling of second-hand cars.
Atty. Teresa renders legal services to
PBB on a retainer basis. In 2010, Jon
engaged Atty. Teresa's services for a
personal case. Atty. Teresa represented
Jon in a BP Big. 22 case filed against him
 Compiled by BSU-Law, 3rd Year students SY 2015-16
by the spouses Yuki. Jon paid a separate
legal fee for Atty. Teresa's services. Jon
subsequently resigned as CEO of PBB in
2011. In 2012, Atty. Teresa filed on
behalf of PBB a complaint for replevin
and damages against Jon to recover the
car PBB had assigned to him as a service
vehicle. Atty. Teresa, however, had not
yet withdrawn as Jon's counsel of
record in the BP Big. 22 case, which was
still then pending. Jon filed an
administrative case for disbarment
against Atty. Teresa for representing
conflicting interests and violating the
Code of Professional Responsibility.
Atty. Teresa countered that since the
BP Blg. 22 case and the replevin case
are unrelated and involved different
issues, parties, and subject matters,
there was no conflict of interest and she
acted within the bounds of legal ethics.
Is Atty. Teresa's contention tenable?
Explain. (3%)
XVI. Atty. Luna Tek maintains an account in
the social media network called Twitter
and has 1,000 followers there, including
fellow lawyers and some clients. Her
Twitter account is public so even her
non-followers could see and read her
posts, which are called tweets. She
oftentimes takes to Twitter to vent
about her daily sources of stress like
traffic or to comment about current
events. She also tweets her
disagreement and disgust with the
decisions of the Supreme Court by
insulting and blatantly cursing the
individual Justices and the Court as an
institution.
a. Does Atty. Luna Tek act in a
manner consistent with the Code of
Professional Responsibility? Explain the
reasons for your answer. (3%)
b. Describe the relationship
between a lawyer and the courts. (3%)
XVII. Give three instances when a lawyer is
allowed to withdraw his/her services.
(3%)
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XVIII. Atty. Javier sold a piece of land in favor
of Gregorio for P2,000,000.00. Atty.
Javier drafted the Deed of Sale with
Right to Repurchase which he and
Gregorio signed on August 12, 2002.
Under said Deed, Atty. Javier
represented that he had "the perfect
right to dispose as owner in fee simple"
the land and that the land is "free from
all liens and encumbrances." The Deed
also stated that Atty. Javier had two
years within which to repurchase the
property. Atty. Javier turned over the
owner's copy of his certificate of title,
TCT No. 12121, to Gregorio. Gregorio
then immediately took possession of
the land. Atty. Javier failed to exercise
his right to repurchase within two
years. Gregorio sent Atty. Javier a letter
dated April 8, 2005 demanding that the
latter already repurchase the property.
Despite receipt of Gregorio's letter,
Atty. Javier still failed to repurchase the
property. Gregorio remained in
peaceful possession of the land until
July 25, 2013, when he received notice
from Trustworthy Bank informing him
that the land was mortgaged to said
bank, that the bank already foreclosed
on the land, and that Gregorio should
therefore vacate the land. Upon
investigation, Gregorio discovered that
Atty. Javier's TCT No. 12121 had already
been cancelled when another bank
foreclosed on a previous mortgage on
the land, but after a series of
transactions, Atty. Javier was able to
reacquire the land and secure TCT No.
34343 for the same. With TCT No.
34343, Atty. Javier constituted another
mortgage on the land in favor of
Trustworthy Bank on February 22, 2002.
Gregorio was subsequently
dispossessed of the property. Gregorio
filed an administrative complaint
against Atty. Javier. In his defense, Atty.
Javier argued that he could not be held
administratively liable as there was no
attorney-client relationship between
him and Gregorio. Moreover, the
transaction was not actually one of sale
 Compiled by BSU-Law, 3rd Year students SY 2015-16
with right to repurchase, but one of
equitable mortgage, wherein he still
had the legal right to mortgage the land
to other persons.
a. If you are tasked to investigate
and report on Gregorio's administrative
complaint against Atty. Javier, what will
be your recommendation and finding?
(3%)
b. In the same administrative case,
may Atty. Javier be ordered to return
the P2,000,000.00 purchase price to
Gregorio? Explain. (3%)
XIX. a. What are the grounds for disbarment
or suspension from office of an
attorney? ( 4%)
b. If Atty. Babala is also admitted as an
attorney in a foreign jurisdiction, what
is the effect of his disbarment or
suspension by a competent court or
other disciplinary authority in said
foreign jurisdiction to his membership
in the Philippine Bar? (2%)
XX. XX. Cecilio is one of the 12 heirs of his
father Vicente, who owned an
agricultural land located in Bohol.
Cecilio filed a complaint charging Judge
Love Koto with abuse of discretion and
authority for preparing and notarizing a
document entitled "Extra-Judicial
Partition with Simultaneous Deed of
Sale" executed by Cecilio's mother
Divina and brother Jose. Jose signed the
Deed on his own behalf and
purportedly also on behalf of his
brothers and sisters, including Cecilio.
Cecilio though alleged that in his Special
Power of Attorney, he merely granted
Jose the authority to mortgage said
agricultural land but not to partition,
much less to sell the same. Judge Koto
contended that in a municipality where
a notary public is unavailable, a
municipal judge is allowed to notarize
documents or deeds as ex officio notary
public. He claimed that he acted in good
faith and only wanted to help. Did
Judge Koto violate any rules? Discuss.
(3%)
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XXI. Judge Junior attended the 50th birthday
party of his fraternity brother, Atty.
Vera. Also present at the party was
Atty. Rico who was Atty. Vera's
classmate way back in high school and
who was handling Civil Case No. 5555
currently pending before Judge Junior's
court. Well-aware that Atty. Rico had a
case before his sala, Judge Junior still
sat next to Atty. Rico at a table, and the
two conversed with each other, and ate
and drank together throughout the
night. Since Atty. Vera was a well-
known personality, his birthday party
was featured in a magazine. The
opposing party to Atty. Rico's client in
Civil Case No. 5555, while flipping
through the pages of the magazine,
came upon the pictures of Judge Junior
and Atty. Rico together at the party and
used said pictures as bases for
instituting an administrative case
against Judge Junior. Judge Junior, in his
answer, reasoned that he attended
Atty. Vera's party in his private capacity,
that he had no control over who Atty.
Vera invited to the party, and that he
and Atty. Rico never discussed Civil Case
No. 5555 during the party. Did Judge
Junior commit an administrative
infraction? Explain. (3%)
XXII. a. Describe briefly the Mandatory
Continuing Legal Education (MCLE) for a
member of the Integrated Bar of the
Philippines and the purpose of the
same. (2%)
b. Name three parties exempted from
the MCLE. (3%)
XXIII. XX.III. Atty. Billy, a young associate in a
medium-sized law firm, was in a rush to
meet the deadline for filing his
appellant's brief. He used the internet
for legal research by typing keywords
on his favorite search engine, which led
him to many websites containing text of
Philippine jurisprudence. None of these
 Compiled by BSU-Law, 3rd Year students SY 2015-16

sites was owned or maintained by the court; using abusive and inappropriate
Supreme Court. He found a case he language; and embarrassing and
believed to be directly applicable to his insulting parties, witnesses, and even
client's cause, so he copied the text of lawyers appearing before him. Attached
the decision from the blog of another to the letter were pages from
law firm, and pasted the text to the transcripts of records in several cases
document he was working on. The heard before Judge Hambog, with Judge
formatting of the text he had copied Hambog's arrogant, abusive,
was lost when he pasted it to the inappropriate, embarrassing and/or
document, and he could not distinguish insulting remarks or comments
anymore which portions were the highlighted.
actual findings or rulings of the a. Will the Court take cognizance of
Supreme Court, and which were quoted the letter-complaint even coming from
portions from the other sources that an anonymous source? Explain. (2%)
were used in the body of the decision. b. Describe briefly the procedure
Since his deadline was fast approaching, followed when giving due course to a
he decided to just make it appear as if complaint against an RTC judge. (3%)
every word he quoted was part of the
ruling of the Court, thinking that it
would not be discovered. Atty. Billy's
opponent, Atty. Ally, a very
conscientious former editor of her
school's law journal, noticed many
discrepancies in Atty. Billy's supposed
quotations from the Supreme Court
decision when she read the text of the
case from her copy of the Philippine
Reports. Atty. Billy failed to reproduce
the punctuation marks and font sizes
used by the Court. Worse, he quoted
the arguments of one party as
presented in the case, which arguments
happened to be favorable to his
position, and not the ruling or
reasoning of the Court, but this
distinction was not apparent in his
brief. Appalled, she filed a complaint
against him.
a. Did Atty. Billy fail in his duty as a
lawyer? What rules did he violate, if
any? (2%)
b. How should lawyers quote a
Supreme Court decision? (2%)

XXIV. An anonymous letter addressed to the

Supreme Court was sent by one
Malcolm X, a concerned citizen,
complaining against Judge Hambog,
Presiding Judge of the RTC of Mahangin
City, Branch 7. Malcolm X reported that
Judge Hambog is acting arrogantly in

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